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M/s. S.R. Traders Versus Commissioner, U.P. Trade Tax, Lucknow

2016 (8) TMI 336 - ALLAHABAD HIGH COURT

Revision – penalty – intention to evade tax – seizure – the Form-31 filed had been taken by the assessee in the name of M/s. Chabra Brothers whereas the consignment itself was from one M/s. Aman Deep Trading Pvt Ltd., - Held that: - The circumstance of the Form-31 having been applied in the name of a different trader than the one from whom the purchases were ultimately effected would not and could not have dispelled or upset the conclusion arrived. Hence no intention to evade tax – revision allo .....

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of the U.P. Trade Tax Act 1948. It becomes relevant note that the order of the assessing authority has been set at nought by the first appellate authority which found that there was no intent to evade tax and that the imposition of penalty was therefore unjustified. It is this order which was overturned by the Tribunal by the order impugned. The undisputed facts are that the revisionist is stated to have imported 320 pieces of hardware goods from three firms situate at Jalandhar. The case of the .....

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filed an application under Section 13-A (6) of the Act before the Assistant Commissioner who allowed the appeal and ordered the release of 200 pieces of the consignment. In respect of the balance pieces which formed the consignment in question, it was provided that the same would be released upon furnishing a security to the extent of 40% of the value of the goods. This order of the Assistant Commissioner was taken in appeal by the revisionist to the Tribunal which allowed the same by its order .....

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vy of penalty. This order of the Deputy Commissioner (Appeals) was assailed by the Department before the Tribunal which has vide the order challenged herein allowed the same. Sri Krishna Agarwal, learned counsel appearing in support of this revision has contended that the Tribunal has clearly erred in interfering with the view taken by the first appellate authority. It has categorically recorded that there had been no intent to evade tax. He has placed heavy reliance upon the findings returned b .....

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y found that for inexplicable reason, the assessee did not enter the particulars in respect of Bill No.400 whereas the particulars of consignment from the other two sellers had been duly entered. He submits that on this state of the facts, the imposition of penalty was justified. This Court finds that the Tribunal has not gone into the issue of whether the goods in question has been duly accounted for and entered in the books of accounts. It has primarily been swayed by the fact that the Form-31 .....

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