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    <title>2009 (7) TMI 1166 - KERALA HIGH COURT</title>
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    <description>Magnesium sulphate is discussed as falling within the specific fertilizer entry rather than the residuary chemicals entry because it was shown to be used as a fertilizer and not merely as a chemical. The commentary also addresses the effect of a prior clarification issued under section 59A: where that clarification governed collection, returns, and completed assessments over several years, departure from it requires a material change in circumstances. A settled departmental position should not be altered without such change, especially when tax has been collected and remitted on the clarified basis.</description>
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      <link>https://www.taxtmi.com/caselaws?id=164237</link>
      <description>Magnesium sulphate is discussed as falling within the specific fertilizer entry rather than the residuary chemicals entry because it was shown to be used as a fertilizer and not merely as a chemical. The commentary also addresses the effect of a prior clarification issued under section 59A: where that clarification governed collection, returns, and completed assessments over several years, departure from it requires a material change in circumstances. A settled departmental position should not be altered without such change, especially when tax has been collected and remitted on the clarified basis.</description>
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