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2024 (7) TMI 746

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..... in the show cause notice or in the subsequent request for clarifications. Nonetheless, it should be recognized that the petitioner was called upon to explain the total unreconciled turnover of Rs. 80,63,40,950/- and, therefore, cannot be completely absolved of responsibility for not providing a proper clarification on this aspect. On instructions, learned counsel for the petitioner agrees that the petitioner would remit 10% of the disputed tax demand as a condition for re-consideration. The impugned order dated 18.03.2024 is set aside on condition that the petitioner remits 10% of the disputed tax demand within fifteen days from the date of receipt of a copy of this order. Within the said period, the petitioner is permitted to submit an ad .....

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..... the said period, he submits that a total amount of Rs. 83.06 crores was reflected in the reconciliation statement. He also submits that the break up or bifurcation between the sum of Rs. 23 crores, which was received as against the total accrual of Rs. 83.06 crores, would have been provided if a clarification had been requested in such regard. 4. Mr.B.Ramanakumar, learned senior standing counsel, accepts notice for the respondents. He submits that the order in original is detailed and sets out reasons in support of the conclusions recorded therein. Consequently, he contends that no case is made out for interference under Article 226 because principles of natural justice were fully complied with. 5. The petitioner is a non banking financial .....

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..... he petitioner would remit 10% of the disputed tax demand as a condition for re-consideration. 7. For reasons aforesaid, impugned order dated 18.03.2024 is set aside on condition that the petitioner remits 10% of the disputed tax demand within fifteen days from the date of receipt of a copy of this order. Within the said period, the petitioner is permitted to submit an additional reply along with supporting documents. Upon receipt of such additional reply and on being satisfied that 10% of the disputed tax demand was received, the first respondent is directed to provide a reasonable opportunity to the petitioner, including a personal hearing, and thereafter issue a fresh order within three months from the date of receipt of the additional re .....

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