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2008 (8) TMI 814 - PUNJAB AND HARYANA HIGH COURT]Whether order of learned Tribunal upholding the levy of penalty under section 56 of the Punjab VAT Act, 2005 is sustainable in the eyes of law, when the assessee has not actually availed of the said benefit, no demand is due from assessee on that account and there can be no mens rea in the circumstances of the case? Held that:- There was no element of deliberateness in claiming of the aforementioned credit of ₹ 55,368. Consequently, the question of law, which arises in this case, is decided in favour of the appellant. The appeal is, therefore, allowed and the orders, dated July 4, 2006, September 25, 2006 and January 29, 2007 are set aside. In the result, the penalty imposed under section 56 of the Punjab VAT Act and the additional demand are set aside.
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