THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN W.P. No.5625 of 2009 26-08-2009 BETWEEN; M/s.MTR Foods Private Limited, rep. by Sajay Sharma ...Petitioner vs. Commissioner of Commercial Taxes, Hyderabad and another ...Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN W.P.5625 OF 2009 ORAL ORDER: (Per GR,J) For the period April-2008 to November-2008 the petitioner was assesse to tax by the 2nd respondent under the A.P. VAT Act,2005 ( for short “the Act” and charged to liability to pay tax for Masala Powders, like Rasam Powde Sambar Powder, Garam Masala Powder etc., on the basis of the Circular of th 1st respondent dated 20-11-2008, which has since been eclipsed by the order o the State Government in Memo No.6322/CT.II(1)/2009-1, dated 17-07-200 issued in exercise of powers under Section 76(1) of the Act clarifying that Masa Powders required to be classified under Entry 59 of Schedule-IV of the Act. In the light of the clarification issued by the Government, the order o assessment dated 03-03-2009 cannot be sustained and is accordingly quashed The matter is remanded to the 2nd respondent to proceed to de novo assessment on the basis of the clarification issued by the Government dated 17.07.2009. The writ petition is disposed of accordingly. No costs. ______________ GODA RAGHURAM,J __________________ RAMESH RANGANATHAN,J 26th AUGUST, 2009. TSNR