TMI Blog1992 (3) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... ircumstances of the case, the timber card board sheets and wire nails could be termed as raw material? (ii) Whether, in the facts and circumstances of the case, the Tribunal was right in setting aside the penalty without holding that there was a sale within the State or sale in the course of inter-State trade or commerce and no sale was effected outside the State? Brief facts of the case are t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te trade and commerce. Similarly for the assessment year 1972-73, penalty of Rs. 31,437 was levied for the same reason. In the appeals preferred to the Deputy Commissioner (Appeals), it was submitted that the order dated 17th May, 1971 deleting entries of card board sheets, wood timber and wire nails from the registration certificate of the petitioner have been set aside on 31st March, 1975, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egard to levy of penalty under section 5C(2) the matter was remanded and it was informed that the assessing authority thereafter has levied fresh penalties, against which appeals were preferred and the limited point to be examined by the Tribunal was as to whether the order of remand was justified or not and the Sales Tax Tribunal came to the conclusion that the order of remand is justified. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entries are existing in the certificate of registration, the penalty under section 5C(2) cannot be levied on the ground that the assessee is not entitled to purchase the items as raw material. Regarding the matter for purchase of other raw materials, on which it was to be considered as to whether an offence has been committed or not on the basis of prudent man theory, the matter was already r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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