2010 (8) TMI 1133 - HC - VAT and Sales Tax

Summary

Issues involved: Revision u/s 11 of U.P. Trade Tax against penalty u/s 15A(1)(o) imposed on assessee for seized goods.

Summary:
The High Court of Allahabad heard the revision filed by the assessee against the penalty imposed under Section 15A(1)(o) of U.P. Trade Tax Act. The goods of the assessee were seized at Allahabad while being transported from Agra to Indore, leading to the penalty imposition. The assessee contended that the seized goods were duly entered into the books of accounts at his place of registration in Bihar and were cleared by the Income Tax Authorities. Supporting documents including registration certificates under Bihar Sales Tax Act and Central Sales Tax Act were submitted. The State did not dispute the authenticity of the tax clearances from Bihar. The Court found that the entries were properly accounted for at the original place of business, thus ruling the penalty under Section 15A(1)(o) as unjustified. Consequently, the penalty imposed on the assessee was deleted, and the revision was allowed, setting aside the Tribunal's order.