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    <title>2009 (10) TMI 828 - PATNA HIGH COURT</title>
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    <description>Penalty under section 54(4) of the Bihar VAT Act could not be imposed for delayed or unsigned audit-report submission where no tax was found payable and the dealer had substantially complied with section 54(2). The penalty provision was linked to tax payable and default, so a purely procedural defect in signing and verification did not amount to a penal contravention when returns were filed, assessed tax was paid, and the report was otherwise submitted in the prescribed form. The delay was later rectified within a reasonable time, and the defect was treated as technical rather than indicative of tax evasion. The penalty orders were therefore unsustainable and the amount realised was refundable.</description>
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    <pubDate>Wed, 07 Oct 2009 00:00:00 +0530</pubDate>
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      <title>2009 (10) TMI 828 - PATNA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=164099</link>
      <description>Penalty under section 54(4) of the Bihar VAT Act could not be imposed for delayed or unsigned audit-report submission where no tax was found payable and the dealer had substantially complied with section 54(2). The penalty provision was linked to tax payable and default, so a purely procedural defect in signing and verification did not amount to a penal contravention when returns were filed, assessed tax was paid, and the report was otherwise submitted in the prescribed form. The delay was later rectified within a reasonable time, and the defect was treated as technical rather than indicative of tax evasion. The penalty orders were therefore unsustainable and the amount realised was refundable.</description>
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      <pubDate>Wed, 07 Oct 2009 00:00:00 +0530</pubDate>
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