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    <title>2011 (2) TMI 1322 - ALLAHABAD HIGH COURT</title>
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    <description>Forfeiture under section 29A of the U.P. Trade Tax Act, 1948 was found unsustainable where there was no specific finding that the amount allegedly realised as tax had been directly refunded to the purchaser. The record showed that the Tribunal had not examined whether the credit-note amount represented a refund of the tax component to customers, and that issue went to the root of liability. On that basis, the Tribunal&#039;s order was set aside and the matter was remanded for fresh decision in accordance with law.</description>
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      <description>Forfeiture under section 29A of the U.P. Trade Tax Act, 1948 was found unsustainable where there was no specific finding that the amount allegedly realised as tax had been directly refunded to the purchaser. The record showed that the Tribunal had not examined whether the credit-note amount represented a refund of the tax component to customers, and that issue went to the root of liability. On that basis, the Tribunal&#039;s order was set aside and the matter was remanded for fresh decision in accordance with law.</description>
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