TMI Blog1991 (11) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... section 16(1)(e) of the Act. The learned Government Advocate has contended that during the assessment year 1985-86 the assessee was effecting the sales of bricks and according to the terms of the contract the supplies of bricks was f.o.r. destination Bandanwara. The supplies were not f.o.r. destination, buyer's place and, therefore, the freight charges from Bandanwara to destination will form pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... STC 197 and the decision of this Court in Vijai Hosiery Mills v. State of Rajasthan [1980] 45 STC 345 and other decisions. I have gone through the record. The provisions of section 16(1)(e) are applicable only when an assessee has concealed any particulars from any return furnished by him or has deliberately furnished inaccurate particulars therein. The word "concealed" implies the mental ele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interpretation of the provision of law, then the authorities under the Act would not be justified in levying the penalty. In the present case the finding which has been given by the Tribunal while upholding the tax is that the entries were existing in the books of account and the action was bona fide and the matter stood covered by the judgment of the honourable Supreme Court reported in the Cemen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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