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    <title>2022 (12) TMI 714 - MADRAS HIGH COURT</title>
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    <description>A notice reopening a completed assessment and recomputing turnover after expiry of the statutory limitation for escaped turnover was unsustainable. The Madras HC held that the proposed re-determination of turnover and denial of exemption could not stand, especially where the same issue had already been covered by an earlier order and the respondent accepted the present notice was on the same footing. Reference to possible penal action did not cure the defect, because criminal or penal consequences require a valid determination of escapement within the prescribed time. The impugned notice was quashed and the writ petition was allowed in favour of the assessee.</description>
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    <pubDate>Wed, 30 Nov 2022 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=431597</link>
      <description>A notice reopening a completed assessment and recomputing turnover after expiry of the statutory limitation for escaped turnover was unsustainable. The Madras HC held that the proposed re-determination of turnover and denial of exemption could not stand, especially where the same issue had already been covered by an earlier order and the respondent accepted the present notice was on the same footing. Reference to possible penal action did not cure the defect, because criminal or penal consequences require a valid determination of escapement within the prescribed time. The impugned notice was quashed and the writ petition was allowed in favour of the assessee.</description>
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