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    <title>2009 (12) TMI 869 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>Delayed movement of goods after issuance of sale invoices, by itself, did not justify a finding of attempt to evade tax under the Punjab Value Added Tax Act, 2005, where the consignments were voluntarily reported with the required documents and the invoices were backed by contemporaneous material. The Revenue produced no evidence that the consignments, purchase orders or goods receipts were fictitious, and there was no statutory time-limit requiring movement or reporting within a particular period after invoice issuance. A finding based only on suspicion and presumption was unsustainable, so the penalty was set aside in favour of the assessee.</description>
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      <link>https://www.taxtmi.com/caselaws?id=164485</link>
      <description>Delayed movement of goods after issuance of sale invoices, by itself, did not justify a finding of attempt to evade tax under the Punjab Value Added Tax Act, 2005, where the consignments were voluntarily reported with the required documents and the invoices were backed by contemporaneous material. The Revenue produced no evidence that the consignments, purchase orders or goods receipts were fictitious, and there was no statutory time-limit requiring movement or reporting within a particular period after invoice issuance. A finding based only on suspicion and presumption was unsustainable, so the penalty was set aside in favour of the assessee.</description>
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      <pubDate>Mon, 07 Dec 2009 00:00:00 +0530</pubDate>
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