TMI Blog1991 (11) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that the transactions of sale and purchase were recorded in the books of account and no case of concealment is made out and there was no mala fide intention and the assessing authority has not proved beyond shadow of doubt the offence. The levy of tax and interest was upheld. Against this order the assessee preferred second appeal to the Sales Tax Tribunal and the assessing authority filed the cross-objection with regard to the setting aside of penalty imposed under section 16(1)(i). It was contended before the Sales Tax Tribunal that the purchase and sales were taken into consideration only up to April 6, 1983 and the effect of the full year has not been taken into consideration and as such it has resulted in double taxation. The Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Rajasthan Sales Tax Rules contemplates single point taxation. According to the scheme of the Act the goods which have already been subjected to tax will not be taken into consideration while computing the taxable turnover. In respect of the retailers and the like, it is just possible that where day to day stock is not maintained and the assessee dealing in tax-paid as well as taxable goods of the same nature it may not be possible for him to identify at the time when the sale is effected as to whether the goods are tax-paid or taxable and in that case it is only at the end of the year when the position of stock is taken that necessary minor adjustments are made, but this cannot give the justification for not paying the tax on those ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not in accordance with the provisions of law and is set aside and the order of the assessing authority is maintained. Regarding the levy of penalty under section 16(1)(i) I am of the view that the penalty cannot be levied for two reasons. Firstly, the provisions of section 16(1)(i) are applicable when an assessee has concealed any transaction of sale or purchase from his books of account or registers required by or under section 21. In the present case, the transaction was duly recorded in the books of accounts and, therefore, the provisions of section 16(1)(i) were not correctly invoked by the assessing authority. Secondly, when section 16(1)(i) refers to the concealment of the transaction it refers to the mental element of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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