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    <title>2008 (4) TMI 692 - WEST BENGAL TAXATION TRIBUNAL</title>
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    <description>Seizure of consignments for non-production of tax invoices was treated as valid where the officer had prior reason to believe there was contravention, the grounds for seizure pre-existed the action, and the statutory requirement to produce the invoice was not met; the seizure was upheld. Penalty for the same default was held unsustainable because a taxing statute requires more than a technical breach: there must be material showing mala fide intent or a real opportunity to evade tax. As the omission was treated as a careless lapse and no intent to evade was established, the penalty orders were quashed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=164059</link>
      <description>Seizure of consignments for non-production of tax invoices was treated as valid where the officer had prior reason to believe there was contravention, the grounds for seizure pre-existed the action, and the statutory requirement to produce the invoice was not met; the seizure was upheld. Penalty for the same default was held unsustainable because a taxing statute requires more than a technical breach: there must be material showing mala fide intent or a real opportunity to evade tax. As the omission was treated as a careless lapse and no intent to evade was established, the penalty orders were quashed.</description>
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