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2014 (8) TMI 223 - MADHYA PRADESH HIGH COURTLegality of the penalty imposed under Section 69(1) - business of sale and purchase of Cement at Bhopal manufactured by M/s Diamond Cements, Damoh - concealment of fright or transportation charges - Held that:- From the documents and material available on record, it is clear that in the matter of concealment of fright or transportation charges infact the amount was included in the Bill for purchase of Cement and the Assessing Officer has bifurcated the amount and did not permit addition of the transportation or fright charges in the cost price of product purchased i.e. cement. Therefore, it is not a case where the petitioner has concealed any item, which is taxable but has only include it to be a amount in a particular head i.e. purchase price which is not permissible. It is a case where in the particulars and details supplied by the petitioner certain incorrect and erroneous claim is made which is not sustainable under law - imposition of penalty on concealment of fright charges is not correct. It is a case where the petitioner erroneously included the amount as it was included in the bill by the Manufacturer of Cement - Decided in favour of assessee.
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