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    <title>2025 (12) TMI 359 - ALLAHABAD HIGH COURT</title>
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    <description>HC allowed the revision and set aside the penalty imposed u/s 13-A(4) of the U.P. Trade Tax Act, 1948. It held that mere seizure of goods and a handwritten challan, without further verification, could not justify the inference that the transaction was unrecorded or intended to evade tax, especially when the transaction was disclosed in the monthly return and this was not disputed. The Court noted that no survey, inspection, search, or provisional assessment was conducted to verify the books of account. In the absence of cogent evidence of intent to evade tax, initiation and confirmation of maximum penalty at 40% of the goods&#039; value were held unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=782819</link>
      <description>HC allowed the revision and set aside the penalty imposed u/s 13-A(4) of the U.P. Trade Tax Act, 1948. It held that mere seizure of goods and a handwritten challan, without further verification, could not justify the inference that the transaction was unrecorded or intended to evade tax, especially when the transaction was disclosed in the monthly return and this was not disputed. The Court noted that no survey, inspection, search, or provisional assessment was conducted to verify the books of account. In the absence of cogent evidence of intent to evade tax, initiation and confirmation of maximum penalty at 40% of the goods&#039; value were held unsustainable.</description>
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