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2015 (9) TMI 469 - HC - VAT and Sales TaxDetention of goods transferred for replacement – Imposition of Penalty – During course of business, huge quantity of goods were found defective by purchasing dealers which were returned back by dealers for replacement – Since goods in question were moved by way of replacement and not by way of sale, obligation to fill declaration form was not required – However said goods were detained by Excise and Taxation Officer and penalty was imposed taking value of goods – Whether order imposing penalty was justified – Held that:- goods which were impounded were put to auction and were purchased for sum of ₹ 36,71,000 – Respondent agreed to adjusted amount received towards liability of assesse and excess amount shall be released – In view of said position, State permitted to adjust amount of liability from sale consideration and to release excess amount to appellant – Decided in favour of Petitioner.
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