https://www.taxtmi.com/caselaws?id=189497 Penalty under the U.P. Trade Tax Act could not be sustained on a mere presumption of intended local sale or delivery while the goods were still in transit. The statutory presumption arising from non-surrender of the transit pass was rebuttable, and the facts showed that the surrender period had not expired, the goods were not proved to have been delivered or sold within the State, and the transit pass was later surrendered for the same goods. On that basis, the penalty under Section 15-A(1)(o) was held unjustified and the deletion of the penalty was upheld. en-us Thu, 22 Feb 2007 00:00:00 +0530 Wed, 11 Jan 2017 13:10:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=189497 Penalty under the U.P. Trade Tax Act could not be sustained on a mere presumption of intended local sale or delivery while the goods were still in transit. The statutory presumption arising from non-surrender of the transit pass was rebuttable, and the facts showed that the surrender period had not expired, the goods were not proved to have been delivered or sold within the State, and the transit pass was later surrendered for the same goods. On that basis, the penalty under Section 15-A(1)(o) was held unjustified and the deletion of the penalty was upheld. Case-Laws VAT and Sales Tax Thu, 22 Feb 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=189497