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    <title>1997 (8) TMI 475 - KARNATAKA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=159380</link>
    <description>A check-post penalty under section 28A(4) of the Karnataka Sales Tax Act was upheld where a show cause notice had been issued after physical verification revealed a discrepancy between transported goods and the documents produced. The court held that natural justice was satisfied because an opportunity to explain was afforded, and the affected person&#039;s choice not to use it did not invalidate the order. It further held that section 28A, including section 28A(4), was a valid machinery provision incidental to the State&#039;s power to levy sales tax and was aimed at preventing evasion, not confiscating goods. The penalty order and writ challenge were therefore rejected.</description>
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    <pubDate>Tue, 12 Aug 1997 00:00:00 +0530</pubDate>
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      <title>1997 (8) TMI 475 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=159380</link>
      <description>A check-post penalty under section 28A(4) of the Karnataka Sales Tax Act was upheld where a show cause notice had been issued after physical verification revealed a discrepancy between transported goods and the documents produced. The court held that natural justice was satisfied because an opportunity to explain was afforded, and the affected person&#039;s choice not to use it did not invalidate the order. It further held that section 28A, including section 28A(4), was a valid machinery provision incidental to the State&#039;s power to levy sales tax and was aimed at preventing evasion, not confiscating goods. The penalty order and writ challenge were therefore rejected.</description>
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      <pubDate>Tue, 12 Aug 1997 00:00:00 +0530</pubDate>
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