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2020 (1) TMI 748 - HC - VAT and Sales TaxValidity of revision - imposition of penalty - Form-31/documents prescribed for inter-State sale not produced - revision relates to assessment year 2005-06 - HELD THAT:- It is clear that the First Appellate Authority has recorded findings of fact that the goods were being imported for production of non taxable goods and therefore import of said machine is not liable to be taxed - Secondly, that the said machine was not found in working condition and therefore the same was returned to M/s Disha Enterprises, therefore there was no sale on which such penalty can be imposed. Aforesaid facts, in the opinion of this Court, should have been considered by the Tribunal in their proper perspective and in case explanation given by the revisionist are accepted, then it is clear that it indicates that there was no intention to evade tax. Though the Tribunal was not relying on any document which may have given rise of any occasion for the assessing authority to initiate such proceedings, but looking into the fact that the revisionist at the very first instance produced the entire documents before the assessing authority, indicates that the revisionist fulfilled all the conditions as prescribed under the Act, 1948 and even then penalty has been imposed by the assessing authority. Thus, it is clear that there was no clear finding recorded by the authorities concerned to the effect that there was intention to evade tax under the Act. The finding of fact recorded by the Tribunal have not been rebutted by the revenue and therefore they have attained finality - It is clear that the machine in question was found not in working condition and has been returned back and even otherwise no concluded transaction took place on which penalty could have been imposed by the revenue. Revision allowed.
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