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SALES TAX APPEALS NOS.2111, 2112, 2113/LB OF 2002, DECIDED ON 10TH MAY, 2005. versus SALES TAX APPEALS NOS.2111, 2112, 2113/LB OF 2002, DECIDED ON 10TH MAY, 2005.


The three business firms appealing to the Appellate Authority to apply additional taxes and penalties on the increase in theft of Sections 33 (5) and 46 sales tax, said the firms allegedly provided several taxable goods. Companies were provided with unpaid goods worth millions of sales tax and action was taken against seed firms without their registration with the sales tax department and sales tax and surcharges were also levied and penalties were imposed on them. Decisions were made against the firms which, through separate orders, the Adjudicating Officer was involved in these operations. Also implemented the palette. On the charge that the party, as a government agency, was responsible for obtaining taxable income from persons who were registered under the Sales Tax Act 1990 under the Cabinet Division decision in their letter. It was alleged that by receiving taxable goods from unregistered persons, the appellant was destabilizing the sales tax evasion and was liable to be fined under section 33 (5) of the Sales Tax Act 1990. And the appellant's department was fined by illegal orders. The appellant's position was that the appellant could be fined only if there was a clear and transparent intention of cheating from the government and that there was no element of fraud in the present case and this penalty was imposed only. Maybe there was no reason for it to be intentional. Damage to the Department of Taxes and that the Government has not suffered any loss by the Appellant Department. The Appellate Division was not aware of the Cabinet Division's decision as such

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