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2012 (1) TMI 143 - HC - VAT and Sales TaxTax evasion - penalty under section 51(7)(c) of the Punjab VAT Act, 2005 - Whether or not under the circumstances of the case, penalty can be imposed especially when the entire payment is routed through bank and major portion of payment is made in advance through bank for same transaction? Held that:- The Tribunal recorded that the goods were booked on September 5, 2009 at Delhi and the same were lying in the booking agency on October 26, 2009. The goods were not dispatched immediately and the same were found at Amritsar which was not the route from Delhi to Jammu. The assessee-dealer was unable to give explanation much less satisfactory about the goods which were found at Amritsar as to in what circumstances, the transporter preferred to go via Amritsar. Under the circumstances, the Tribunal recorded that there was possibility of goods being disposed of at Amritsar and there was attempt to evade tax. Accordingly, the penalty imposed by the assessing authority and the appellate authority was upheld by the Tribunal. No illegality or perversity could be demonstrated in the findings of fact recorded by the assessing authority and also the appellate authorities. Accordingly, no substantial question of law arises in this appeal and the same is dismissed.
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