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2016 (10) TMI 1015 - HC - VAT and Sales TaxImposition of penalty u/s 48 (5) of the Act - the goods had been purchased from a dealer in Kanpur and had been despatched for sale to a dealer situate at Jaunpur. It was further sought to be explained that since the Jaunpur dealer did not accept the goods, they were, subsequent to their release, sold to another dealer on 18 July 2011 - discrepancy in the weight of goods - whether the circumstances which weighed with and were relied upon by the assessing authority would justify the imposition of penalty under Section 48 (5) of the Act? - Held that: - neither the assessing authority nor for that matter the Tribunal has entered any finding as to whether the goods which were seized were actually accounted for in the books of accounts of the dealer or not. The assessing authority, as noted above, primarily rested his order on the various discrepancies which according to him came to light from the explanation put forth by the dealer and the statement of the driver who was accompanying the vehicle. In the opinion of this Court, these discrepancies would not of their own and standing alone satisfy the enquiry which the authority is liable to undertake in order to sustain the levy of penalty under Section 48 (5) of the 2008 Act - this Court is of the considered view that the matter would merit a remand for fresh consideration by the assessing authority - revision allowed by way of remand.
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