TMI Blog2011 (1) TMI 1291X X X X Extracts X X X X X X X X Extracts X X X X ..... Added Tax Act, 2005 (in short the Act ) against the order dated June 11, 2009 passed by the Value Added Tax Tribunal (hereinafter referred to as the Tribunal ) in Appeal (VAT) No. 246 of 2008-09, proposing to raise the following substantial questions of law: (a) Whether the act on the part of the respondents to impose the penalty without taking into account that the transaction was a genuine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts like stock register, challan but respondent No. 2 vide order dated April 25, 2007 imposed the penalty amounting to ₹ 1,39,500 under section 51(7)(b) of the Act. Feeling aggrieved, the assessee approached the Deputy Excise and Taxation Commissioner (Appeals), Ludhiana Division, Ludhiana-respondent No. 1 who vide order July 28, 2008 dismissed the appeal. Against the said order, the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade tax and accordingly penalty amounting to ₹ 1,39,500 was imposed under section 51(7)(b) of the Act. The relevant finding recorded by the Tribunal is as under: As per section 51(2) of the Punjab Value Added Tax Act, owner or person in charge of the goods has to carry with him goods vehicle record, goods receipt, a trip sheet or log book. He has also to carry a sale invoice, bill or cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents as required under section 51(2) of the Punjab Value Added Tax Act and there was an attempt to evade tax. The authorities below had rightly taken action and imposed penalty under section 51(7)(b) of the Act. No illegality or perversity could be shown by the learned counsel for the assessee in the concurrent findings of fact recorded by the authorities below which may warrant interference b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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