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2018 (8) TMI 1492 - HC - VAT and Sales TaxPenalty u/s 15-A(i)(c) of the U.P. Trade Tax Act, 1948 - sale through stock transfer or inter-state sales - Held that:- It transpires that at the time of survey, which was held on 10.12.1996, Exhibit-15, was ceased in which the details of purchasers situated outside the State of U.P. were found mentioned. According to the department, since the details were known to the revisionist prior to movement of goods, therefore, the claim of the revisionist that it was the stock transfer cannot be accepted rather it was a inter-state sales. The revisionist-assessee has claimed the transaction against From-F as an exempted turnover / sales whereas from the record it is transpired that the transaction in question was deliberately concealed by claiming as an exempted turnover with ill intention - In view of the undisputed facts that the transaction in question was not the stock transfer as such was an inter-state sales, the entries and details of the purchasers was found in Exhibit 15, the claim of the revisionist is not acceptable that there was no intention on his part to evade the tax. The penalty proceedings under Section 15A(1)(c) of the Act were fully justified and there was no proper acceptable explanation is found - revision petition dismissed.
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