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2016 (8) TMI 337 - ALLAHABAD HIGH COURTRevision – penalty rested on the statement of the driver that the goods were not loaded at the business premises of the revisionist but were loaded at another place in Saharanpur – SCN – revisionist produced all relevant documents and records – tribunal assumed that the transaction in question had not been duly recorded in the books of accounts at the time of consignment and that records were prepared by the revisionist only after the instant proceedings were drawn up. Held that: - The imposition of penalty upon the assessee cannot be made dependent upon the presumption or assumption of any authority. The authority concerned is obliged to arrive at a conclusion based upon the material on record that the bills had not been accounted for and there was an attempt to evade payment of tax. The first appellate authority had recorded that the goods had been duly accounted for in the books of accounts which were produced before him - the jurisdictional fact, existence of which was required for imposition of penalty was clearly absent – order of Tribunal unsustainable – revision allowed.
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