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    <title>2018 (6) TMI 1558 - MADRAS HIGH COURT</title>
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    <description>Penalty under Section 27(4) of the Tamil Nadu Value Added Tax Act, 2006 could not be sustained where the show-cause notices did not specifically allege wilful non-disclosure and the assessing authority had not recorded satisfaction on that basis. The notices seeking reversal of input tax credit and levy of penalty failed to give clear notice of the alleged wilful conduct, and the fact that tax had already been paid at the time of inspection also weighed against penalty. In the absence of a recorded finding that the escapement resulted from wilful non-disclosure, the penalty notices and consequential orders were unsustainable.</description>
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    <pubDate>Wed, 13 Jun 2018 00:00:00 +0530</pubDate>
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      <description>Penalty under Section 27(4) of the Tamil Nadu Value Added Tax Act, 2006 could not be sustained where the show-cause notices did not specifically allege wilful non-disclosure and the assessing authority had not recorded satisfaction on that basis. The notices seeking reversal of input tax credit and levy of penalty failed to give clear notice of the alleged wilful conduct, and the fact that tax had already been paid at the time of inspection also weighed against penalty. In the absence of a recorded finding that the escapement resulted from wilful non-disclosure, the penalty notices and consequential orders were unsustainable.</description>
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      <pubDate>Wed, 13 Jun 2018 00:00:00 +0530</pubDate>
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