https://www.taxtmi.com/caselaws?id=169053 Penalty for a transit irregularity was held unsustainable where the goods were capital goods imported for use in the assessee's unit, not for resale, and the authorities had found no material indicating an intention to evade tax. The omission of Form-38 at interception was treated as an inadvertent lapse because the form had been sent in advance and was later produced before the assessing authority. In the absence of cogent evidence supporting evasion, the statutory basis for penalty under the U.P. Value Added Tax Act was not made out, and the deletion of penalty was upheld. en-us Fri, 19 Sep 2014 00:00:00 +0530 Mon, 06 Apr 2015 21:08:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169053 Penalty for a transit irregularity was held unsustainable where the goods were capital goods imported for use in the assessee's unit, not for resale, and the authorities had found no material indicating an intention to evade tax. The omission of Form-38 at interception was treated as an inadvertent lapse because the form had been sent in advance and was later produced before the assessing authority. In the absence of cogent evidence supporting evasion, the statutory basis for penalty under the U.P. Value Added Tax Act was not made out, and the deletion of penalty was upheld. Case-Laws VAT and Sales Tax Fri, 19 Sep 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169053