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    <title>2025 (10) TMI 256 - KERALA HIGH COURT</title>
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    <description>Suo motu revision under Section 56 of the Kerala VAT Act was upheld where the challenged assessment was a fresh consequential order passed after remand and therefore distinct from the original assessment, so the embargo on revising an earlier appealed order did not apply. Classification under the HSN-based schedule entry was also sustained because the assessee did not furnish the necessary product particulars or supporting HSN code to displace the revenue&#039;s classification. The clarificatory order under Section 94, however, was held to operate only prospectively, as retrospective application would prejudice the assessee&#039;s statutory right to collect tax from purchasers; on that ground, the revisional and affirming orders were set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=779460</link>
      <description>Suo motu revision under Section 56 of the Kerala VAT Act was upheld where the challenged assessment was a fresh consequential order passed after remand and therefore distinct from the original assessment, so the embargo on revising an earlier appealed order did not apply. Classification under the HSN-based schedule entry was also sustained because the assessee did not furnish the necessary product particulars or supporting HSN code to displace the revenue&#039;s classification. The clarificatory order under Section 94, however, was held to operate only prospectively, as retrospective application would prejudice the assessee&#039;s statutory right to collect tax from purchasers; on that ground, the revisional and affirming orders were set aside.</description>
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