1997 (5) TMI 395

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....ed July 31, 1985 (annexure "3" to the writ petition) calling upon the petitioner to show cause why penalty be not imposed under section 4-B(5) of the U.P. Sales Tax Act, 1948 (now U.P. Trade Tax Act) (briefly, "the Act") for the assessment year 1980-81. 2.. The brief facts are that the petitioner applied for recognition certificate under section 4-B(2) of the Act for the manufacture of rubber pro....

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.... mentioned in the recognition certificate. If the raw material was used for the manufacture of goods as mentioned in the recognition certificate, then it could not be said that raw material was used contrary to the terms of the recognition certificate and no penalty can be imposed in that case. 5.. The question is whether the tubes manufactured by the petitioner for the animal driven vehicles can....

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....ufactured by the unit which is exempt under clause (a) or (b) of section 4 of the Act. The question of exemption of turnover will be relevant for the purposes of assessment, but so far as question of levying penalty is concerned, penalty can be levied only when raw material purchased under the recognition certificate, is used in the manufacture of goods not covered by the recognition certificate. ....