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    <title>2008 (12) TMI 711 - WEST BENGAL TAXATION TRIBUNAL</title>
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    <description>Transport of a damaged but repairable trailer back to West Bengal was treated as a bona fide movement for repair, not a tax-evasion case, where the vehicle was West Bengal-registered, permitted to ply in the relevant States, and the way-bill was produced. On those facts, seizure for alleged non-production of a way-bill was unsustainable, especially because the seizure record and notices were inconsistent as to the date and manner of seizure. Penalty based solely on delayed production of the way-bill, without any finding of intention to evade tax and without considering the relevant documents, was also unsustainable for non-application of mind and material irregularity.</description>
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      <description>Transport of a damaged but repairable trailer back to West Bengal was treated as a bona fide movement for repair, not a tax-evasion case, where the vehicle was West Bengal-registered, permitted to ply in the relevant States, and the way-bill was produced. On those facts, seizure for alleged non-production of a way-bill was unsustainable, especially because the seizure record and notices were inconsistent as to the date and manner of seizure. Penalty based solely on delayed production of the way-bill, without any finding of intention to evade tax and without considering the relevant documents, was also unsustainable for non-application of mind and material irregularity.</description>
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