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2019 (7) TMI 1241 - ALLAHABAD HIGH COURTImposition of Penalty u/s 15A(1)(o) of the U.P. Trade Tax Act, 1948 - clerical error in filling up the invoice of the Form-31 - intent to evade present or not - demand of penalty at the maximum rate - whether demand of penalty is wholly excessive and arbitrary? - HELD THAT:- The assessee had disclosed import of 67 bags of P.P. fabric. It is not the case of the revenue that 25 bags of unlaminated P.P. fabric were found over and above the consignment of 67 bags of the P.P. fabric. Thus, if there was undisclosed consignment of 25 bags of unlaminated P.P. fabric found being imported by the assessee, then at the same time, necessarily there was over disclosure of 25 bags of laminated P.P. fabric as the assessee had disclosed 67 bags of laminated P.P. fabric against 42 bags of laminated P.P. fabric. The demand of penalty @ 40% is found to be excessive. While normally the Court would remit the proceedings to appeal authority, however, keeping in mind the fact that the penalty is for A.Y. 2000-01 and the amount of penalty is not heavy, I am inclined to dispose of the present revision with the observation that the Tribunal may pass appropriate order to confine the penalty to ₹ 25,000/- (in all) - The balance amount, deposited in excess, may be refunded to the assessee. Revision allowed in part.
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