https://www.taxtmi.com/caselaws?id=260813 Penalty under Section 4-B(5) of the U.P. Trade Tax Act could be imposed only on proof that goods obtained against declaration and for use under the recognition certificate were used for a different purpose or otherwise disposed of. On the record, the Revenue did not establish that the packing material was sold in the same form and condition or that it was not used for packing the manufactured goods. Separate accounting entries and return of part of the material were insufficient, by themselves, to prove misuse. The Tribunal's finding of no violation was upheld, and the penalty was held unsustainable. en-us Tue, 02 Jun 2015 00:00:00 +0530 Fri, 10 Jun 2016 12:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=260813 Penalty under Section 4-B(5) of the U.P. Trade Tax Act could be imposed only on proof that goods obtained against declaration and for use under the recognition certificate were used for a different purpose or otherwise disposed of. On the record, the Revenue did not establish that the packing material was sold in the same form and condition or that it was not used for packing the manufactured goods. Separate accounting entries and return of part of the material were insufficient, by themselves, to prove misuse. The Tribunal's finding of no violation was upheld, and the penalty was held unsustainable. Case-Laws VAT and Sales Tax Tue, 02 Jun 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=260813