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    <title>2013 (4) TMI 496 - ALLAHABAD HIGH COURT</title>
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    <description>A reassessment under section 21(2) of the U.P. Trade Tax Act was held unjustified where the commodity had consistently been treated as an Ayurvedic preparation. The product was manufactured under a drug licence, made from herbal ingredients according to Ayurvedic literature, and supported by a National Laboratory report, while prior and later assessment years had adopted the same classification. In the absence of cogent material to displace that settled position, the Revenue failed to show that the goods fell outside the accepted entry or within the residuary category. Reopening on mere suspicion was impermissible, and the notice issued under section 21(2) was quashed.</description>
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    <pubDate>Thu, 11 Apr 2013 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=227264</link>
      <description>A reassessment under section 21(2) of the U.P. Trade Tax Act was held unjustified where the commodity had consistently been treated as an Ayurvedic preparation. The product was manufactured under a drug licence, made from herbal ingredients according to Ayurvedic literature, and supported by a National Laboratory report, while prior and later assessment years had adopted the same classification. In the absence of cogent material to displace that settled position, the Revenue failed to show that the goods fell outside the accepted entry or within the residuary category. Reopening on mere suspicion was impermissible, and the notice issued under section 21(2) was quashed.</description>
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      <pubDate>Thu, 11 Apr 2013 00:00:00 +0530</pubDate>
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