2026 (7) TMI 1660

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....raf And Hon'ble Abdhesh Kumar Chaudhary JJ. For the Petitioner(s) : Vijay Nandan Mani Tripathi, Prashant Tiwari For the Respondent(s) : C.S.C. ORDER 1. This petition is directed against the order dated 05.02.2025 passed by respondent no.3 for the period July, 2017 to March 2018 whereby a demand to the tune of Rs. 59,20,00,000/- has been raised against the petitioner. 2. The peti....

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....,60,00,000/- against tax, interest and penalty was sought to be recovered. 4. Learned Standing Counsel opposed the submissions made. Submissions were made that charging interest and penalty is statutory and, therefore, irrespective of the fact that the same has not been indicated in the show-cause notice, would not take away the power of the authority in demanding the interest and penalty in ac....

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....ll be confirmed on the grounds other than the grounds specified in the notice. 8. Admittedly, in the present case, the show-cause notice merely indicates the amount of Rs. 57,60,00,000/- as representing the tax, interest and penalty and the demand qua the three components has been raised at Rs. 59,20,00,000/-, which is ex facie contrary to the provisions of Section 75(7) of the Act. 9. In vi....