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    <title>2016 (6) TMI 502 - ANDHRA PRADESH HIGH COURT</title>
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    <description>The assessment rejecting tax deferment under the Final Eligibility Certificate was sustained because the authority had not finally concluded the alleged breach of eligibility conditions, although coercive recovery was restrained for a limited period. The consequential penalty under Rule 25(5) was set aside because it depended on the same unresolved compliance issue, and a penalty cannot stand until the competent authority first decides that question after notice and hearing. Liberty was reserved to initiate fresh penalty proceedings after that decision is communicated.</description>
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      <description>The assessment rejecting tax deferment under the Final Eligibility Certificate was sustained because the authority had not finally concluded the alleged breach of eligibility conditions, although coercive recovery was restrained for a limited period. The consequential penalty under Rule 25(5) was set aside because it depended on the same unresolved compliance issue, and a penalty cannot stand until the competent authority first decides that question after notice and hearing. Liberty was reserved to initiate fresh penalty proceedings after that decision is communicated.</description>
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