TMI Blog2012 (11) TMI 1045X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances, which were beyond his control, neither there was any mala fide intention nor any concealment on the part of the assessee. Therefore, by keeping in mind the ratio laid down in the case of Price Waterhouse Coopers Pvt. Ltd. v. Commissioner of Income-tax [2012 (9) TMI 775 - SUPREME COURT], there was no justification for levy of the penalty - Decided in favor of the assessee. - Trade T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Department. On checking, it was found that the declaration form pertaining to the import was blank. So, the assessing officer has levied the penalty under section 54(1)(14) of the VAT Act for ₹ 2,36,000. The same was confirmed by the first appellate authority. However, the Tribunal has cancelled the said penalty. Being aggrieved, the Department has knocked the door of this court by way o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stination. In the meantime, his vehicle was intercepted. Except the declaration form, all the documents were found in order. There was no concealment of the sale or goods. The blank form was available with the truck driver, but due to change circumstances, which were beyond his control, neither there was any mala fide intention nor any concealment on the part of the assessee. Therefore, by keeping ..... X X X X Extracts X X X X X X X X Extracts X X X X
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