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M/s Kedia Enterprises vs State of Bihar & Ors.

Date of Order: September 25, 2024
Subject: Limitation for passing penalty order under Section 129(3)
Description:

The petitioner challenged a penalty order passed under Section 129 on the ground that it was issued beyond the statutory period of seven days from service of notice. The factual background showed that although notice was served in time, the final order was passed beyond the permissible period.
The Court held that Section 129(3) prescribes a mandatory time limit and any order passed beyond such period is void. The impugned penalty order was set aside.

 

Foot Note:

Case laws referred:
Pawan Carrying Corporation v. Commissioner CGST & Central Excise, C.W.J.C. No. 7985 of 2024 (Pat.)

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