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    <title>2016 (8) TMI 336 - ALLAHABAD HIGH COURT</title>
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    <description>Penalty under Section 15-A of the U.P. Trade Tax Act, 1948 required a recorded finding of conscious intent to evade tax. Mere discrepancy in Form-31 particulars, without examining whether the goods were duly accounted for or whether the omission was accompanied by tax-evading intent, was insufficient. The first appellate authority had found that the assessee had not attempted to evade tax, and a form filled in the name of another trader was treated as a bona fide mistake rather than wilful concealment. On that basis, the penalty was held unjustified.</description>
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      <link>https://www.taxtmi.com/caselaws?id=330952</link>
      <description>Penalty under Section 15-A of the U.P. Trade Tax Act, 1948 required a recorded finding of conscious intent to evade tax. Mere discrepancy in Form-31 particulars, without examining whether the goods were duly accounted for or whether the omission was accompanied by tax-evading intent, was insufficient. The first appellate authority had found that the assessee had not attempted to evade tax, and a form filled in the name of another trader was treated as a bona fide mistake rather than wilful concealment. On that basis, the penalty was held unjustified.</description>
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