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    <title>2024 (10) TMI 964 - MADRAS HIGH COURT</title>
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    <description>A penalty order under Section 122(2)(b) of the CGST Act was interfered with because the taxpayer had already paid the tax demand with interest and the earlier opportunity to contest the levy was not effectively availed. The Court accepted the explanation that the absence of a permanent Commissioner during the relevant period affected the earlier response and granted one final opportunity to file objections before the assessing authority. The impugned order was set aside, treated as a show cause notice, and the matter was remitted for reconsideration after hearing the petitioner in accordance with law.</description>
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      <description>A penalty order under Section 122(2)(b) of the CGST Act was interfered with because the taxpayer had already paid the tax demand with interest and the earlier opportunity to contest the levy was not effectively availed. The Court accepted the explanation that the absence of a permanent Commissioner during the relevant period affected the earlier response and granted one final opportunity to file objections before the assessing authority. The impugned order was set aside, treated as a show cause notice, and the matter was remitted for reconsideration after hearing the petitioner in accordance with law.</description>
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