TMI Blog1975 (11) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... dealing in the product of country oil chekkus. On a surprise inspection certain bills were recovered of which one of them showed a receipt of Rs. 162 for groundnut kernel. The assessing officer was of the view that this slip related to a sale transaction of groundnut kernel and that, therefore, the assessee would not be a dealer dealing exclusively in the products of country chekkus and that there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the slip recovered related to a sale of groundnut kernel worth Rs. 162 and that, therefore, the exemption was not applicable. In that view he set aside the order of the Appellate Assistant Commissioner and restored the assessment order, but all the same reduced the penalty to Rs. 1,500 from Rs. 3,452. It is against this order of the Board this present appeal is filed. If a person owning country c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... So far as the assessee was concerned, he was flatly denying that it referred to any sale transaction, much less a sale transaction in the course of his business. There being no evidence that the sale, even assuming it to be a sale, was in the course of business of the assessee in groundnut kernel, the Board of Revenue was not legally correct in revising the order of the Appellate Assistant Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
