9911796707
TMI Blog1996 (8) TMI 499X X X X Extracts X X X X X X X X Extracts X X X X ..... (hereinafter referred to as "the Act"), for directing the Sales Tax Tribunal, Haryana (hereinafter referred to as "the Tribunal"), to refer the following three questions of law, stated to be arising from the order of the Tribunal, for the opinion of this Court: "(i) Whether, the Ld. Tribunal was right in holding that the penalty was legally imposed under section 36(6) while admitting that there w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Taxation Officer (Enforcement) held that 10 bags of maida, 1 bag of suji and 1,125 bags of wheat of the value of Rs. 1,82,345 remained unexplained. He, therefore, imposed penalty under sections 36(6) and 51 of the Act, which was upheld by the first appellate authority as well as by the Tribunal. Assessee filed an application under section 41(1) of the Act before the Tribunal for making a refere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 36(6) of the Act could only be imposed if the stocks found on physical verification were more than the stocks reflected in the stocks register and not in a case where there was shortage of stocks vis-a-vis the stocks shown in the stocks register. It was argued that the words "not accounted for" in section 36(6) of the Act could only refer to a situation where the physical stocks were in excess of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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