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2016 (5) TMI 733 - HC - VAT and Sales TaxImposition of penalty - Detention of goods - Non-issuance of excise invoice in respect of 3910 Kgs of TMT Bar nor any information by way of e-trip as required under Rule 64-B of the Punjab Value Added Tax Rules was furnished - Goods released on furnishing of bank guarantees - Held that:- it appeared that the goods carried by the assessee from Mandi Gobindgarh to Jalalabad through the truck were covered by the proper and genuine documents. The confusion was created on account of the fact that these were two consignments and the Designated Officer doubted that the bill issued by the assessee in favour of Vikram Enterprises was fictitious. It was further observed by the Tribunal that the said doubt was just a camouflage in order to pass incorrect order of penalty. The Tribunal on appreciation of material on record had deleted the penalty imposed by Assistant Excise and Taxation Officer. Learned State counsel was not able to demonstrate that the approach of the Tribunal was erroneous or perverse or that the findings recorded were based on misreading or misappreciation of evidence on record. Therefore, the view of the Tribunal is a plausible view and deletion of the aforesaid penalty could not be faulted. - Decided against the revenue
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