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    <title>2023 (8) TMI 933 - MADRAS HIGH COURT</title>
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    <description>Ambiguous earlier proceedings had left the deficit stock dispute unresolved, so the recovery notices could not stand without fresh consideration. The Court found that the prior order did not clearly and conclusively determine the stock issue, while also recognising that the revenue should not be prevented from recovering tax if it is lawfully payable. Balancing both positions, the notices were interfered with and the matter was remitted to the assessing authority for a fresh decision after giving the petitioner an opportunity to file a reply and be heard.</description>
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      <link>https://www.taxtmi.com/caselaws?id=441954</link>
      <description>Ambiguous earlier proceedings had left the deficit stock dispute unresolved, so the recovery notices could not stand without fresh consideration. The Court found that the prior order did not clearly and conclusively determine the stock issue, while also recognising that the revenue should not be prevented from recovering tax if it is lawfully payable. Balancing both positions, the notices were interfered with and the matter was remitted to the assessing authority for a fresh decision after giving the petitioner an opportunity to file a reply and be heard.</description>
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