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    <title>2007 (4) TMI 767 - MADHYA PRADESH HIGH COURT</title>
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    <description>Territorial jurisdiction under Article 226 was upheld because the adverse effect of the penalty order was felt by the industrial unit within the Bench&#039;s limits, so the territorial objection failed. On penalty, the court held that a mere failure to produce the prescribed declaration form at the check post did not justify action under section 45-A where the goods were supported by invoice and transport documents, no discrepancy in goods was found, and no deliberate intent to evade tax was established. A technical or venial breach, without conscious disregard or dishonest conduct, was insufficient to sustain the penalty; the orders were quashed and refund directed.</description>
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    <pubDate>Tue, 10 Apr 2007 00:00:00 +0530</pubDate>
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      <title>2007 (4) TMI 767 - MADHYA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=294575</link>
      <description>Territorial jurisdiction under Article 226 was upheld because the adverse effect of the penalty order was felt by the industrial unit within the Bench&#039;s limits, so the territorial objection failed. On penalty, the court held that a mere failure to produce the prescribed declaration form at the check post did not justify action under section 45-A where the goods were supported by invoice and transport documents, no discrepancy in goods was found, and no deliberate intent to evade tax was established. A technical or venial breach, without conscious disregard or dishonest conduct, was insufficient to sustain the penalty; the orders were quashed and refund directed.</description>
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      <pubDate>Tue, 10 Apr 2007 00:00:00 +0530</pubDate>
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