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    <title>2005 (11) TMI 449 - ANDHRA PRADESH HIGH COURT</title>
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    <description>A penalty order under the Andhra Pradesh General Sales Tax Act was invalid because it was based on a ground not disclosed in the show cause notice. The notice alleged violation of section 5B(2)(ii), but the order relied on a different basis, namely that use of light diesel oil in manufacture amounted to a deemed sale. A quasi-judicial authority cannot travel beyond the case set out in the notice, as the affected party must have a fair opportunity to meet the precise adverse ground. The penalty was therefore unsustainable and was set aside for breach of natural justice.</description>
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    <pubDate>Mon, 28 Nov 2005 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=162684</link>
      <description>A penalty order under the Andhra Pradesh General Sales Tax Act was invalid because it was based on a ground not disclosed in the show cause notice. The notice alleged violation of section 5B(2)(ii), but the order relied on a different basis, namely that use of light diesel oil in manufacture amounted to a deemed sale. A quasi-judicial authority cannot travel beyond the case set out in the notice, as the affected party must have a fair opportunity to meet the precise adverse ground. The penalty was therefore unsustainable and was set aside for breach of natural justice.</description>
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      <pubDate>Mon, 28 Nov 2005 00:00:00 +0530</pubDate>
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