https://www.taxtmi.com/caselaws?id=163401 Rexine or cotton coated fabrics were treated as not exigible to tax under the U.P. Trade Tax Act, because the record showed the turnover in the books and the assessing authority did not make an independent finding on the nature of the goods; the classification turned on the commodity's true composition and character rather than commercial nomenclature. On that footing, penalty under section 15A(1)(o) could not be sustained, since the finding of non-taxability removed the basis for any alleged intention to evade tax. The assessee therefore obtained relief against both the tax demand and the penalty. en-us Fri, 21 May 2004 00:00:00 +0530 Wed, 02 Apr 2014 11:59:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=163401 Rexine or cotton coated fabrics were treated as not exigible to tax under the U.P. Trade Tax Act, because the record showed the turnover in the books and the assessing authority did not make an independent finding on the nature of the goods; the classification turned on the commodity's true composition and character rather than commercial nomenclature. On that footing, penalty under section 15A(1)(o) could not be sustained, since the finding of non-taxability removed the basis for any alleged intention to evade tax. The assessee therefore obtained relief against both the tax demand and the penalty. Case-Laws VAT and Sales Tax Fri, 21 May 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=163401