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2019 (7) TMI 1237 - HC - VAT and Sales TaxImposition of penalty u/s 54(1)(14) of the U.P. Value Added Tax Act, 2008 - stock transfer or not - intent to evade or not - HELD THAT:- In the facts of the present case, the assessee had offered an explanation that coloumn no.6 had remained blank on account of clerical error. More importantly, he had submitted that the transaction was one of stock transfer. In support where of, he had adduced evidence in shape of stock transfer invoice, bilty etc., which documents were produced at the stage of detention of goods. Clearly, none of the authorities has applied their mind to that explanation and have not recorded any finding to reject the explanation based on the claim of stock transfer. It also cannot be lost sight of that the assessee is a manufacturer of goods and that against the total stock transfer in excess of ₹ 4,00,00,000/- made during the assessment year in question, only a single transaction of value at ₹ 5.5 lakhs has been doubted solely on account of coloumn no.6 being left blank, though the stock transfer invoice and other documents were accompanying the goods. Normally the proceedings may have been remitted to the Tribunal to pass a fresh order, however, in view of the fact that the appeal is pertaining to A.Y. 2008-09 and the fact that the VAT Act itself has now been repealed and has been replaced by the G.S.T. Act, no useful purpose would be served in remanding the matter, specially in light of the observations made above, which are peculiar to the facts and circumstances of the present case involving manufactured goods duly packaged and identified nos. of packing boxes, weight and value. The question of law is answered in favour of the assessee and against the revenue - revision allowed.
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