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        Case ID :
        GST

        The HC allowed the petition and directed respondents to refund...

        Detention and penalty under Sec.129 CGST Act invalid for lack of Sec.129(3) adjudicatory order; full refund with 9% interest

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The HC allowed the petition and directed respondents to refund within two months the full penalty paid by the petitioner, with interest at 9% p.a. from payment date until refund, holding the detention and levy under Sec.129 CGST Act invalid insofar as no adjudicatory order was passed by the competent officer pursuant to Sec.129(3) of the Tripura SGST Act. The court found procedural failure-no reasons or Form MOV-09 order issued despite representations and requests for hearing-rendered the purported levy and collection without legal authority and violative of Art.14, Art.19(1)(g), Art.265 and Art.300-A. Petition allowed.
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