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    <title>2017 (11) TMI 264 - ALLAHABAD HIGH COURT</title>
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    <description>A statutory presumption that goods not accounted for at the exit check post were sold within the State is rebuttable, and it falls once reliable evidence shows delivery of the goods at an out-of-State destination. After such evidence is accepted, the burden shifts back to the Department to prove that the goods did not leave the State. Penalty could not be sustained merely because transit forms were not surrendered at the exit check post when proof of delivery outside the State had rebutted the presumption.</description>
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      <link>https://www.taxtmi.com/caselaws?id=350385</link>
      <description>A statutory presumption that goods not accounted for at the exit check post were sold within the State is rebuttable, and it falls once reliable evidence shows delivery of the goods at an out-of-State destination. After such evidence is accepted, the burden shifts back to the Department to prove that the goods did not leave the State. Penalty could not be sustained merely because transit forms were not surrendered at the exit check post when proof of delivery outside the State had rebutted the presumption.</description>
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      <pubDate>Fri, 27 Oct 2017 00:00:00 +0530</pubDate>
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