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    <title>2010 (7) TMI 910 - ORISSA HIGH COURT</title>
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    <description>A dealer cannot claim concessional Central sales tax reserved for a small-scale industrial unit where the reclassification was obtained after the prescribed 180-day period and no eligibility certificate for the lower concession was shown. The later small-scale registration was treated as having been granted under a mistake of fact, while the dealer had already enjoyed incentives as a medium-scale unit. Reassessment was also sustainable because the original assessment had proceeded on an erroneous classification, which amounted to under-assessment or escaped assessment under the applicable rules; an audit objection could validly bring that mistake to notice.</description>
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    <pubDate>Wed, 28 Jul 2010 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=164982</link>
      <description>A dealer cannot claim concessional Central sales tax reserved for a small-scale industrial unit where the reclassification was obtained after the prescribed 180-day period and no eligibility certificate for the lower concession was shown. The later small-scale registration was treated as having been granted under a mistake of fact, while the dealer had already enjoyed incentives as a medium-scale unit. Reassessment was also sustainable because the original assessment had proceeded on an erroneous classification, which amounted to under-assessment or escaped assessment under the applicable rules; an audit objection could validly bring that mistake to notice.</description>
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