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    <title>2022 (12) TMI 1105 - CALCUTTA HIGH COURT</title>
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    <description>Prior sanction of the Commissioner was treated as a mandatory precondition for cognizance under the sales tax statute, and the record showed no specific sanction; a mere direction to prosecute was insufficient, so the criminal proceeding was unsustainable. The note also states that where a penalty proceeding was already pending on the same period, alleged suppression, and factual basis, prosecution on identical facts was barred to avoid duplicative consequences and abuse of process. The criminal case was quashed, while the departmental proceedings were left to continue in accordance with law.</description>
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      <description>Prior sanction of the Commissioner was treated as a mandatory precondition for cognizance under the sales tax statute, and the record showed no specific sanction; a mere direction to prosecute was insufficient, so the criminal proceeding was unsustainable. The note also states that where a penalty proceeding was already pending on the same period, alleged suppression, and factual basis, prosecution on identical facts was barred to avoid duplicative consequences and abuse of process. The criminal case was quashed, while the departmental proceedings were left to continue in accordance with law.</description>
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