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    <title>2018 (7) TMI 1764 - PATNA HIGH COURT</title>
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    <description>Penalty under the Bihar Value Added Tax Act, 2005 could not be sustained where the e-suvidha declaration had been cancelled for bona fide reasons after the goods became unsaleable and were being returned to the consignor. The court found no material showing fraud, tax evasion, or any intention to evade tax, so the statutory basis for invoking penal provisions was absent. On that footing, the penalty order and the appellate order were held illegal and without jurisdiction, the levy was quashed, and refund of the deposited amount was directed.</description>
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      <description>Penalty under the Bihar Value Added Tax Act, 2005 could not be sustained where the e-suvidha declaration had been cancelled for bona fide reasons after the goods became unsaleable and were being returned to the consignor. The court found no material showing fraud, tax evasion, or any intention to evade tax, so the statutory basis for invoking penal provisions was absent. On that footing, the penalty order and the appellate order were held illegal and without jurisdiction, the levy was quashed, and refund of the deposited amount was directed.</description>
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