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2011 (3) TMI 1547 - HC - VAT and Sales TaxWhether the sale of hydraulic excavator by the petitioner-assessee, a registered dealer of stones, was taxable in the hands of the petitioner-assessee? Held that:- The three authorities below have also concurrently held that sale of hydraulic excavator by the assessee for ₹ 23 lacs was not disclosed by the assessee in the returns of turnover filed by it for the assessment year in question. Had it been disclosed as a sale and claimed to be exempted from sales tax liability, being a sale of capital asset, not falling within regular course of business, it could have been a different matter, but now before this court in the revisional jurisdiction for the first time this question cannot be permitted to be raised. The findings of fact returned by the assessing authority below in this regard as far as imposition of tax on the sale hydraulic excavator is concerned, are not required to be disturbed in revisional jurisdiction and to that extent the orders passed by the lower authorities deserve to be upheld. For imposition of penalty in these circumstances at the rate double the amount of tax imposed by the assessing authority was not justified. Revision petition is partly allowed and as far as penalty under section 16(1)(i) of the Act is concerned, the same is set aside, however, the levy of tax and interest on the petitioner-assessee in these circumstances, is upheld
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