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    <title>2017 (11) TMI 135 - MADRAS HIGH COURT</title>
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    <description>Under the settlement scheme, the court explained that where tax and penalty were both in dispute, the statutory formula linked the additional payment to the disputed tax base, not to the penalty amount itself. On that reading, excess tax already paid could be adjusted towards the amount attributable to the penalty component, and a rejection based only on the no-refund language was unsustainable. The assessee&#039;s adjustment claim was therefore accepted in principle, although the writ was ultimately closed because a settlement certificate had already been issued, leaving no further adjudication necessary.</description>
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      <link>https://www.taxtmi.com/caselaws?id=350256</link>
      <description>Under the settlement scheme, the court explained that where tax and penalty were both in dispute, the statutory formula linked the additional payment to the disputed tax base, not to the penalty amount itself. On that reading, excess tax already paid could be adjusted towards the amount attributable to the penalty component, and a rejection based only on the no-refund language was unsustainable. The assessee&#039;s adjustment claim was therefore accepted in principle, although the writ was ultimately closed because a settlement certificate had already been issued, leaving no further adjudication necessary.</description>
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      <pubDate>Fri, 13 Oct 2017 00:00:00 +0530</pubDate>
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