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    <title>1995 (11) TMI 399 - MADHYA PRADESH HIGH COURT</title>
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    <description>Sales of unserviceable, obsolete, discarded or scrap goods connected with a dealer&#039;s business were treated as incidental to trading activity and therefore formed part of taxable turnover. On that basis, such sales were exigible to sales tax. However, penalty under section 43(1) for non-inclusion of those sales and related canteen purchases was not sustained because the taxability was debatable and the surrounding facts did not support an inference of culpable intent. The disputed sales were therefore taxable, but the penalty was deleted on the facts.</description>
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      <description>Sales of unserviceable, obsolete, discarded or scrap goods connected with a dealer&#039;s business were treated as incidental to trading activity and therefore formed part of taxable turnover. On that basis, such sales were exigible to sales tax. However, penalty under section 43(1) for non-inclusion of those sales and related canteen purchases was not sustained because the taxability was debatable and the surrounding facts did not support an inference of culpable intent. The disputed sales were therefore taxable, but the penalty was deleted on the facts.</description>
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