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    <title>2023 (4) TMI 1127 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>Penalty under the Punjab VAT Act could not be sustained where the consignment was supported by invoice, goods receipt, insurance papers and inspection material, and the transaction was otherwise shown as a genuine supply of machinery parts. Mere non-generation of the prescribed declaration at the ICC did not, by itself, establish an attempt to evade tax. An alleged statement of the driver, without proper examination of the documentary record and surrounding circumstances, was insufficient to justify penalty. On that footing, the penalty was held unwarranted and the assessee succeeded.</description>
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      <description>Penalty under the Punjab VAT Act could not be sustained where the consignment was supported by invoice, goods receipt, insurance papers and inspection material, and the transaction was otherwise shown as a genuine supply of machinery parts. Mere non-generation of the prescribed declaration at the ICC did not, by itself, establish an attempt to evade tax. An alleged statement of the driver, without proper examination of the documentary record and surrounding circumstances, was insufficient to justify penalty. On that footing, the penalty was held unwarranted and the assessee succeeded.</description>
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      <pubDate>Mon, 13 Mar 2023 00:00:00 +0530</pubDate>
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