Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2013 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (5) TMI 921 - RAJASTHAN HIGH COURTPenalty - Survey - It has been stated by the assessing officer that despite ample opportunities having been provided to the assessee, he could not produce the books of accounts and supporting material - Held that: - I am satisfied that the penalty has wrongly been deleted by the Tax Board for the reason that (i) no books of accounts, bills, builty and vouchers were found/produced during the course of survey ; (ii) despite adequate opportunity having been granted not only at the time of survey but thereafter neither bills, builty, vouchers and books of accounts and other supporting documents relating to excess goods were produced ; (iii) there is clear-cut confessional statement of partner of the respondent-firm admitting about the excess stock of the goods; (iv) two witnesses were also present at the time of survey and in their presence physical stock was taken and the value of excess goods was admitted by the respondent; and (v) even before the DC (A) neither the bills, builty, vouchers nor books of accounts were produced and there is a categorical finding of the DC (A) that there is no violation of rule 50. It is very relevant here to observe that while order of imposing the penalty was passed on January 19, 2004, the appeal was decided on March 22, 2007 therefore, during the intervening period of almost about three years, no action whatsoever was taken by the respondent about pressurizing tactics/coercion by the assessing officer, during the course of survey and filing an affidavit is merely for the sake of filing of an affidavit - Decided against the assessee.
|