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    <title>1997 (4) TMI 479 - ALLAHABAD HIGH COURT</title>
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    <description>Penalty under Section 4-B(5)(a) of the U.P. Trade Tax Act was confined to cases where concessional purchases were diverted to a use other than that covered by the recognition certificate. As the certificate specifically covered pipe and pipe fittings, use of raw material to manufacture those goods was not contrary to the certificate, so the statutory condition for penalty was absent. Any later amendment to the certificate could operate only prospectively and could not affect the assessment year 1977-78. On these facts, the penalty was not leviable and the impugned notice was liable to be quashed.</description>
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    <pubDate>Thu, 24 Apr 1997 00:00:00 +0530</pubDate>
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      <title>1997 (4) TMI 479 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=159423</link>
      <description>Penalty under Section 4-B(5)(a) of the U.P. Trade Tax Act was confined to cases where concessional purchases were diverted to a use other than that covered by the recognition certificate. As the certificate specifically covered pipe and pipe fittings, use of raw material to manufacture those goods was not contrary to the certificate, so the statutory condition for penalty was absent. Any later amendment to the certificate could operate only prospectively and could not affect the assessment year 1977-78. On these facts, the penalty was not leviable and the impugned notice was liable to be quashed.</description>
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      <pubDate>Thu, 24 Apr 1997 00:00:00 +0530</pubDate>
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