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    <title>2020 (4) TMI 603 - MADRAS HIGH COURT</title>
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    <description>When the appellate authority set aside penalties imposed under the Finance Act, 1994, any penalty amount already paid ceased to be recoverable, and the assessee became entitled to consequential refund subject to verification that it had not already been returned. The appellate order had sustained the tax demand and interest but expressly annulled the penalties under Sections 70, 77 and 78. The writ petition was accordingly disposed of with a direction to consider and grant refund of the penalty paid, if still outstanding.</description>
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      <description>When the appellate authority set aside penalties imposed under the Finance Act, 1994, any penalty amount already paid ceased to be recoverable, and the assessee became entitled to consequential refund subject to verification that it had not already been returned. The appellate order had sustained the tax demand and interest but expressly annulled the penalties under Sections 70, 77 and 78. The writ petition was accordingly disposed of with a direction to consider and grant refund of the penalty paid, if still outstanding.</description>
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