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2008 (7) TMI 865

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..... and other food products. It is also registered as a dealer under the provisions of the Kerala General Sales Tax Act, 1963 and the Central Sales Tax Act, 1956 and doing business at Mahe, Pondicherry. In this original petition filed, the only question that would arise for our consideration and decision is, whether the intelligence officer of the department was justified in imposing penalty under se .....

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..... ss to the officerin-charge of last check-post before its exit from the State. The Intelligence Officer, Investigation Branch, after complying with the procedure prescribed under section 30B read with section 45A of the Act has passed an order, imposing a penalty of Rs. 2,54,000. The petitioner after unsuccessfully filing of two revision petitions, first before the Deputy Commissioner of Sales Tax .....

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..... liged to obtain a transit pass in the prescribed form for such goods from the officerin-charge of the first check-post after his entry into the State and surrender the same to the officer-in-charge of the last check-post in the State. When the owner or driver fails to deliver the transit pass at the last check-post, it will be presumed that the goods have been sold within the State by evading tax .....

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..... tax liability under the Act. The learned counsel for the petitioner has not placed any cogent evidence before us to dispel the findings and conclusions reached by the fact-finding authorities under the Act. The writ court is not an appellate forum. The writ court will not interfere with the findings of fact reached by the authorities under a fiscal statute, unless those findings are either wholly .....

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