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    <title>2023 (9) TMI 43 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=442421</link>
    <description>The HC found violation of natural justice principles in a case involving fraudulent credit availment through invoices issued without goods supply. While respondents were empowered to pass orders within five years, they issued notice in December 2022/January 2023 and passed summary order by March 2023, giving only two months to the assessee. The court held this timeframe unreasonable despite the five-year outer limit. The 100% penalty was reduced to 15% as the petitioner had already paid tax liability and interest. The rushed proceedings denied the petitioner&#039;s right to avail concessions under section 74. Petition allowed.</description>
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    <pubDate>Thu, 17 Aug 2023 00:00:00 +0530</pubDate>
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      <title>2023 (9) TMI 43 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=442421</link>
      <description>The HC found violation of natural justice principles in a case involving fraudulent credit availment through invoices issued without goods supply. While respondents were empowered to pass orders within five years, they issued notice in December 2022/January 2023 and passed summary order by March 2023, giving only two months to the assessee. The court held this timeframe unreasonable despite the five-year outer limit. The 100% penalty was reduced to 15% as the petitioner had already paid tax liability and interest. The rushed proceedings denied the petitioner&#039;s right to avail concessions under section 74. Petition allowed.</description>
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      <pubDate>Thu, 17 Aug 2023 00:00:00 +0530</pubDate>
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