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2020 (3) TMI 820 - HC - VAT and Sales TaxImposition of penalty u/s 54 (1) (14) of the U.P. Value Added Tax Act, 2008 - intent to evade tax - Learned counsel for the Revenue submitted that since Form 38 was filed with magic ink and, therefore, there was intention to evade tax - HELD THAT:- Concededly, at the time of interception of goods, other documents, namely invoices and bilty were also found. These documents were in order. Even Form 38 was found to be duly filled up evidencing the transaction under which the goods were being imported. The assessee had duly produced his books of accounts in which the transaction in question is duly accounted for. In such circumstances, merely on assumption that Form 38 could be re-used, the Assessing Officer was not justified in imposting penalty. Revision dismissed.
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