TMI Blog2014 (9) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee as capital goods for installing it in its unit for the purpose of doing job work/processing of meat. These goods were not for sale by the assessee. These goods were purchased against Form-C and the payment was made on 11.9.2008 and 25.3.2009, i.e. before import of goods. When the goods were intercepted, the assessee replied that Form-38 was sent in advance to the selling dealer, but in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indings of fact. In the absence of any cogent reason or basis for intention to evade payment of tax, penalty under Section 54 (1) (14) of the Act, was not leviable and as such the first appellate authority has lawfully set aside the penalty. The Tribunal has committed no error of law or facts to uphold the order of the first appellate authority. - no infirmity in the order of the Tribunal - decide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, penalty proceeding was initiated against the respondent-assesee under Section 54(1)(14) of U.P. Value Added Tax Act, 2008 (hereinafter referred to as the 'Act') and penalty of ₹ 4,40,000/- was imposed vide penalty order dated 8.3.2013. Against the penalty order, the assessee filed First Appeal No.585 of 2013 before the Additional Commissioner Grade-2 (Appeal )-Vth, Commercial Tax, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cessing of frozen meat.The goods in question were imported by the assessee as capital goods for installing it in its unit for the purpose of doing job work/processing of meat. These goods were not for sale by the assessee. These goods were purchased against Form-C and the payment was made on 11.9.2008 and 25.3.2009, i.e. before import of goods. When the goods were intercepted, the assessee replied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tention to evade payment of tax. The findings so recorded are findings of fact. In the absence of any cogent reason or basis for intention to evade payment of tax, penalty under Section 54 (1) (14) of the Act, was not leviable and as such the first appellate authority has lawfully set aside the penalty. The Tribunal has committed no error of law or facts to uphold the order of the first appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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