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    <title>2013 (2) TMI 653 - MADHYA PRADESH HIGH COURT</title>
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    <description>Tax and penalty were upheld where exemption on sales was claimed on the basis of purchasers&#039; exemption certificates, but those exemption periods had already expired. The declaration supporting exemption was therefore false, and the transaction was treated as a taxable sale not covered by valid exemption. Section 28 of the Madhya Pradesh Commercial Tax Act, 1994 authorises levy of tax and penalty where a sale or purchase has escaped assessment or been under-assessed. On the admitted factual basis that exemption had been wrongly obtained, the authority was justified in assessing tax and imposing penalty.</description>
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    <pubDate>Mon, 11 Feb 2013 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=167797</link>
      <description>Tax and penalty were upheld where exemption on sales was claimed on the basis of purchasers&#039; exemption certificates, but those exemption periods had already expired. The declaration supporting exemption was therefore false, and the transaction was treated as a taxable sale not covered by valid exemption. Section 28 of the Madhya Pradesh Commercial Tax Act, 1994 authorises levy of tax and penalty where a sale or purchase has escaped assessment or been under-assessed. On the admitted factual basis that exemption had been wrongly obtained, the authority was justified in assessing tax and imposing penalty.</description>
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      <pubDate>Mon, 11 Feb 2013 00:00:00 +0530</pubDate>
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