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    <description>A demand for penal interest or penalty under the sales tax enactments could not be sustained where the assessing authority issued no show-cause notice and gave no opportunity of hearing before passing the order. The departmental circular requiring notice and a reasoned order before imposing such levy was treated as binding on subordinate officers in the absence of any contrary higher-court ruling. Because the prescribed procedure was not followed, the impugned orders were held unsustainable and were set aside, with the matter remitted for fresh consideration after notice and hearing.</description>
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      <link>https://www.taxtmi.com/caselaws?id=165016</link>
      <description>A demand for penal interest or penalty under the sales tax enactments could not be sustained where the assessing authority issued no show-cause notice and gave no opportunity of hearing before passing the order. The departmental circular requiring notice and a reasoned order before imposing such levy was treated as binding on subordinate officers in the absence of any contrary higher-court ruling. Because the prescribed procedure was not followed, the impugned orders were held unsustainable and were set aside, with the matter remitted for fresh consideration after notice and hearing.</description>
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