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The High Court addressed the issue of penalty levy and rejection ...


High Court clarifies: Amnesty Scheme allows penalty waiver but no refund if already paid. Petitioner granted waiver after prior tax payment.

Case Laws     VAT and Sales Tax

June 27, 2024

The High Court addressed the issue of penalty levy and rejection of Amnesty Scheme benefit. The petitioner sought penalty waiver under the Scheme after paying tax and interest before the assessment order. The court held that the Amnesty Scheme allows for interest and penalty waiver, but no refund if already paid. The petitioner believed penalty payment was unnecessary due to prior tax and interest payment. The authorities misinterpreted the Scheme, leading to rejection. Relying on precedent and case facts, the court found the rejection erroneous. The petitioner was granted penalty waiver, and the impugned communication and attachment order were quashed. The petition was allowed.

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