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    <title>2023 (9) TMI 1419 - RAJASTHAN HIGH COURT</title>
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    <description>Products consisting of mixtures of gases such as argon, carbon dioxide, oxygen, hydrogen and carbon remained within the specific VAT entry for &quot;hydrogen, rare gases and other non-metals&quot; because filling them together in cylinders did not create a new commercial commodity. The revenue could not shift them to residuary entries without cogent technical or market evidence showing that the goods were commercially outside the specific description. A departmental clarification issued after repeal of the VAT regime, and without expert material, could not retrospectively displace the long-accepted classification or bind quasi-judicial authorities. The tax revisions were allowed and the additional tax and interest demands were set aside.</description>
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      <description>Products consisting of mixtures of gases such as argon, carbon dioxide, oxygen, hydrogen and carbon remained within the specific VAT entry for &quot;hydrogen, rare gases and other non-metals&quot; because filling them together in cylinders did not create a new commercial commodity. The revenue could not shift them to residuary entries without cogent technical or market evidence showing that the goods were commercially outside the specific description. A departmental clarification issued after repeal of the VAT regime, and without expert material, could not retrospectively displace the long-accepted classification or bind quasi-judicial authorities. The tax revisions were allowed and the additional tax and interest demands were set aside.</description>
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