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    <title>2010 (2) TMI 1096 - ALLAHABAD HIGH COURT</title>
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    <description>Sanction under section 21(2) of the U.P. Trade Tax Act, 1948 must reflect consideration of the assessee&#039;s reply and real application of mind; a mechanical approval granted merely in the interest of Revenue is unsustainable, and such non-speaking orders were set aside. Where proceedings are quashed in writ jurisdiction, limitation does not automatically bar fresh action on remand, although the authority must proceed within a reasonable time. The impugned sanction orders were annulled and the matter was remitted for fresh decision after due consideration of the reply, while the limitation objection was rejected as an absolute bar to further proceedings.</description>
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      <link>https://www.taxtmi.com/caselaws?id=164633</link>
      <description>Sanction under section 21(2) of the U.P. Trade Tax Act, 1948 must reflect consideration of the assessee&#039;s reply and real application of mind; a mechanical approval granted merely in the interest of Revenue is unsustainable, and such non-speaking orders were set aside. Where proceedings are quashed in writ jurisdiction, limitation does not automatically bar fresh action on remand, although the authority must proceed within a reasonable time. The impugned sanction orders were annulled and the matter was remitted for fresh decision after due consideration of the reply, while the limitation objection was rejected as an absolute bar to further proceedings.</description>
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