CST & VAT : U.P. VAT - Where transported goods were
duly recorded in books, it was accompanied with challans and there was no
intention to evade payment of tax, no penalty could be imposed
■■■
[2015] 53 taxmann.com 201 (Allahabad)
HIGH COURT OF ALLAHABAD
Commissioner, Commercial Tax, U.P. Lko.
v.
N.K.G. Infrastructure Ltd.*
SURYA PRAKASH KESARWANI, J.
SALES/ TRADE TAX REVISION NO. 446 OF 2014†
SEPTEMBER 16, 2014
Section 48, read with section 49, of the Uttar Pradesh
Value Added Tax Act, 2008 - Goods - Power to seize - Machine was purchased by
assessee and duly recorded in books of account - Said machine was being shifted
from one plant to another - It was accompanied with a challan on letter pad
which contained required particulars - O.C. Stamp was also affixed on said
challan - Whether once goods were duly recorded in books of account, and were
traceable to bona fide dealer and there was no intention to evade payment of
tax, imposition of penalty under section 48(5) was wholly unwarranted - Held,
yes [Para 5] [In favour of assessee]
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