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2011 (8) TMI 1266

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..... he Code of Criminal Procedure,1973 seeking quashing of FIR No. 41 dated 20.3.2010 (Annexure P1) under Sections 420 of the Indian Penal Code (for short IPC') registered at Police Station Khuian Sarwar, District Ferozepur and all subsequent proceedings arising therefrom. The prosecution case, in brief, is that at about 8.00 p.m., on 18.3.2006, a vehicle bearing No. PB-05P-9922 came from Gang .....

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..... allowed. The vehicle of the petitioner was taken in possession by the Police as the driver of the vehicle in question had failed to produce the bills qua material loaded in the vehicle. Admittedly, the proceedings under Section 51(7)(c) of the Act were initiated against the petitioner. The Officer Incharge-cum-Excise and Taxation Officer vide order dated 26.4.2010 (Annexure P2) held as under:- .....

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..... ade and as an attempt of evasion of tax on the goods has been established, a penalty of ₹ 93,000/- is imposed u/s 51(7)(c) of the Punjab Value Added Tax Act 2005 on the goods and Vat u/s 51(12) amounting to ₹ 11,491/- is also levied on the goods. The total demand comes to ₹ 1,04,491/-. In pursuance of the said order, petitioner deposited the requisite amount and the vehicle .....

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..... 3.2010 lodged with the Police station Khuian Sarwar District Ferozepur in respect to the goods and the vehicle in question. Thus, the petitioner was proceeded under the Act and a penalty of ₹ 93,000/- was imposed on him under Section 51(7)(c) of the Act and Vat under Section 51(12) of the Act amounting to ₹ 11491/- was also levied on the goods and the said amount had duly been dep .....

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