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    <title>Inter-State sale under Section 3(a) upheld as buyer orders; 6A branch transfer rejected; penalty under 29(3) set aside</title>
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    <description>CESTAT upheld the State Tribunal&#039;s factual finding that the movement of goods from the appellant&#039;s Indapur unit (Maharashtra) to its Haridwar outlet (Uttarakhand) was occasioned by purchase orders issued by the buyer, constituting an inter-State sale under section 3(a) rather than an intra-enterprise branch transfer under section 6A. The Tribunal&#039;s conclusion relied on purchase orders, invoices, stock-transfer challans, lorry receipts and witness statements showing pre-existing contracts of sale and buyer-specific specifications; these findings were not disturbed. However, CESTAT set aside the penalty under section 29(3) MVAT Act as the show-cause procedure was deficient. Appeal allowed in part.</description>
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    <pubDate>Wed, 12 Nov 2025 08:17:49 +0530</pubDate>
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      <title>Inter-State sale under Section 3(a) upheld as buyer orders; 6A branch transfer rejected; penalty under 29(3) set aside</title>
      <link>https://www.taxtmi.com/highlights?id=94081</link>
      <description>CESTAT upheld the State Tribunal&#039;s factual finding that the movement of goods from the appellant&#039;s Indapur unit (Maharashtra) to its Haridwar outlet (Uttarakhand) was occasioned by purchase orders issued by the buyer, constituting an inter-State sale under section 3(a) rather than an intra-enterprise branch transfer under section 6A. The Tribunal&#039;s conclusion relied on purchase orders, invoices, stock-transfer challans, lorry receipts and witness statements showing pre-existing contracts of sale and buyer-specific specifications; these findings were not disturbed. However, CESTAT set aside the penalty under section 29(3) MVAT Act as the show-cause procedure was deficient. Appeal allowed in part.</description>
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      <pubDate>Wed, 12 Nov 2025 08:17:49 +0530</pubDate>
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