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    <title>2023 (8) TMI 1405 - MADRAS HIGH COURT</title>
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    <description>The substituted Section 27(4) of the Tamil Nadu Value Added Tax Act, 2006, applicable from 29 January 2016, prescribed penalty at three hundred per cent of the tax due for the relevant claim, and the assessing authority had no discretion in its levy, subject to compliance with the statutory opportunity of hearing. The earlier version of the provision, which provided lower penalty rates for first and subsequent detections, was materially different and could not control the amended text. A decision dealing with the unamended provision was therefore inapplicable. On the amended wording, the penalty was mandatory and the challenge to its levy failed.</description>
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      <description>The substituted Section 27(4) of the Tamil Nadu Value Added Tax Act, 2006, applicable from 29 January 2016, prescribed penalty at three hundred per cent of the tax due for the relevant claim, and the assessing authority had no discretion in its levy, subject to compliance with the statutory opportunity of hearing. The earlier version of the provision, which provided lower penalty rates for first and subsequent detections, was materially different and could not control the amended text. A decision dealing with the unamended provision was therefore inapplicable. On the amended wording, the penalty was mandatory and the challenge to its levy failed.</description>
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