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    <title>2008 (7) TMI 901 - ALLAHABAD HIGH COURT</title>
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    <description>Penalty under section 15A(1)(r) of the U.P. Trade Tax Act was not attracted because coal imported against form XXXI was used in job-work for refining oil, which fell within the statutory definition of &quot;business.&quot; On that footing, use of the coal to generate steam in the refining process did not amount to use outside business or any contravention of the Act or Rules. As the penalty provision could operate only on a proved breach, and none was established on these facts, no penalty could be sustained.</description>
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      <link>https://www.taxtmi.com/caselaws?id=164108</link>
      <description>Penalty under section 15A(1)(r) of the U.P. Trade Tax Act was not attracted because coal imported against form XXXI was used in job-work for refining oil, which fell within the statutory definition of &quot;business.&quot; On that footing, use of the coal to generate steam in the refining process did not amount to use outside business or any contravention of the Act or Rules. As the penalty provision could operate only on a proved breach, and none was established on these facts, no penalty could be sustained.</description>
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