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2011 (12) TMI 454 - HC - VAT and Sales TaxPenalty under section 76(6) - Held that:- It is evident that for one the declaration under form VAT-49 was not required in the course of goods in transit in view of the fact that admittedly the goods were not for sale and were being only for demonstration purposes. This fact was not negatived in any enquiry and the certificate in this regard accompanying the goods in transit not established to be false. Further even otherwise declaration in form VAT-49 was submitted to the assessing authority along with reply to the show-cause notice. it is not conceivable that there was any intent to evade tax which could be made out against the respondent-assessee and consequently, the levy of penalty against the respondent-assessee was absolutely illegal, arbitrary and ultra virus of provisions of the Act of 2003 - Following decision of D. P. Metals [2001 (10) TMI 881 - SUPREME COURT OF INDIA] - Decided against Revenue.
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