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    <title>2018 (2) TMI 767 - ALLAHABAD HIGH COURT</title>
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    <description>Penalty under the U.P. Trade Tax Act could not be restored where the first appellate authority had found that the transaction was supported by Form-C, reflected in the books, paid by cheque, and unaccompanied by prior misuse of Form-31. The Tribunal relied mainly on the possibility of misuse because Form-31 was incomplete and the cheque number was omitted, but it did not displace the appellate findings with cogent material. In the absence of a reasoned reversal of those facts and evidence showing an intention to evade tax, the penalty was unsustainable and the assessee succeeded.</description>
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    <pubDate>Wed, 07 Feb 2018 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=355346</link>
      <description>Penalty under the U.P. Trade Tax Act could not be restored where the first appellate authority had found that the transaction was supported by Form-C, reflected in the books, paid by cheque, and unaccompanied by prior misuse of Form-31. The Tribunal relied mainly on the possibility of misuse because Form-31 was incomplete and the cheque number was omitted, but it did not displace the appellate findings with cogent material. In the absence of a reasoned reversal of those facts and evidence showing an intention to evade tax, the penalty was unsustainable and the assessee succeeded.</description>
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      <pubDate>Wed, 07 Feb 2018 00:00:00 +0530</pubDate>
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