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ABI AGENCY vs. THE SECRETARY TO THE GOVERNMENT & OTHERS
(Madras High Court)

Hon'ble Judges:

VIVEK KUMAR SINGH
Pet. Counsel
S. Vidhya Sagar
Res. Counsel
J.k. Jayaselan
K. Sankararaman

Petitioner / Applicant

ABI AGENCY

Respondent THE SECRETARY TO THE GOVERNMENT & OTHERS
Court Madras High Court
State

Tamilnadu

Date Mar 4, 2025
Order No.

W. P. (MD)No. 1461 of 2025 And WMP (MD) No. 1027 of 2025

Citation

2025(3) TAXREPLY 12672

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ORDER

ORDER This Writ Petition has been filed challenging the interest demand order dated 30.12.2023, passed by the fourth respondent. 2. The learned counsel for the petitioner submits that Section 128A of CGST Act provides for the waiver of interest or penalty or both relating to a demand under Section 73 of CGST Act for the period from July 2017 to March 2018. The respondents, however, passed the impugned order without considering this provision. The main grievance of the petitioner is that since the appeal was affected by the limitation, it was automatically rejected by the authority without considering the bona fide reasons for the delay. Aggrieved by this, the petitioner has filed the present writ petition. 3. The learned Government Advocate, appearing on behalf of respondents 2 to 4, submits that subsequent to the impugned order dated 30.12.2023, the authorities have now passed a rectification order in GSTIN:33BHQPK4159L1ZU/2017 – 18, dated 28.02.2025 und....

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