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    <title>2015 (9) TMI 209 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>Rule 28A of the Haryana General Sales Tax Rules created a statutory appellate hierarchy in which the Secretary&#039;s decision in appeal was final. After the Secretary held that the tools and dies were new and directed issuance of the eligibility certificate, the Higher Level Screening Committee&#039;s earlier order merged into that appellate order. The Committee therefore became functus officio and could not reopen the eligibility-certificate matter, whether on the same ground or on a fresh ground not raised before or considered by the appellate authority. The principle applied is that a subordinate authority cannot disregard a final appellate determination or re-agitate the matter once merger has occurred.</description>
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      <link>https://www.taxtmi.com/caselaws?id=263541</link>
      <description>Rule 28A of the Haryana General Sales Tax Rules created a statutory appellate hierarchy in which the Secretary&#039;s decision in appeal was final. After the Secretary held that the tools and dies were new and directed issuance of the eligibility certificate, the Higher Level Screening Committee&#039;s earlier order merged into that appellate order. The Committee therefore became functus officio and could not reopen the eligibility-certificate matter, whether on the same ground or on a fresh ground not raised before or considered by the appellate authority. The principle applied is that a subordinate authority cannot disregard a final appellate determination or re-agitate the matter once merger has occurred.</description>
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