https://www.taxtmi.com/caselaws?id=234346 Penalty for a minor transit excess was held unjustified where the assessee was a substantial dealer and the discrepancy involved only a small quantity with negligible tax incidence, from which no intention to evade tax could be inferred. The court further held that, if any penalty were leviable, it had to be confined to the value of the excess and unaccounted bags actually found in transit, not the value of the entire consignment, because the remaining goods were neither found defective nor unaccounted. The penalty orders were set aside. en-us Wed, 15 May 2013 00:00:00 +0530 Fri, 07 Jun 2013 09:30:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=234346 Penalty for a minor transit excess was held unjustified where the assessee was a substantial dealer and the discrepancy involved only a small quantity with negligible tax incidence, from which no intention to evade tax could be inferred. The court further held that, if any penalty were leviable, it had to be confined to the value of the excess and unaccounted bags actually found in transit, not the value of the entire consignment, because the remaining goods were neither found defective nor unaccounted. The penalty orders were set aside. Case-Laws VAT and Sales Tax Wed, 15 May 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=234346