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    <title>2009 (3) TMI 963 - ALLAHABAD HIGH COURT</title>
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    <description>Penalty for alleged contravention of stock transfer conditions was held unsustainable where the assessee held an eligibility certificate for exemption and the record showed that notified goods were transferred outside Uttar Pradesh only to the extent supported by the available purchased packing material. The factual figures for production, stock transfer and packing material were not disputed, and the material on record did not establish tax evasion. On those facts, penalty under section 4B(5) could not be sustained because the transfer remained within the permissible balance reflected by the available inputs.</description>
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      <description>Penalty for alleged contravention of stock transfer conditions was held unsustainable where the assessee held an eligibility certificate for exemption and the record showed that notified goods were transferred outside Uttar Pradesh only to the extent supported by the available purchased packing material. The factual figures for production, stock transfer and packing material were not disputed, and the material on record did not establish tax evasion. On those facts, penalty under section 4B(5) could not be sustained because the transfer remained within the permissible balance reflected by the available inputs.</description>
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      <pubDate>Tue, 31 Mar 2009 00:00:00 +0530</pubDate>
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