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    <title>2023 (2) TMI 278 - ALLAHABAD HIGH COURT</title>
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    <description>Penalty under Section 129(3) of the U.P. GST Act could not be sustained where the authorities relied only on a presumption that the same goods were transported twice through different vehicles. The detained vehicle carried the e-way bill and other required documents, and the record did not show any material proving that the goods had again been brought into Uttar Pradesh from Nagpur in a second movement. As the detention and penalty proceedings were unsupported by evidence, the penalty order was unsustainable. The appellate order was also set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=433763</link>
      <description>Penalty under Section 129(3) of the U.P. GST Act could not be sustained where the authorities relied only on a presumption that the same goods were transported twice through different vehicles. The detained vehicle carried the e-way bill and other required documents, and the record did not show any material proving that the goods had again been brought into Uttar Pradesh from Nagpur in a second movement. As the detention and penalty proceedings were unsupported by evidence, the penalty order was unsustainable. The appellate order was also set aside.</description>
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