TMI Blog2016 (8) TMI 337X X X X Extracts X X X X X X X X Extracts X X X X ..... transaction in question had not been duly recorded in the books of accounts at the time of consignment and that records were prepared by the revisionist only after the instant proceedings were drawn up. Held that: - The imposition of penalty upon the assessee cannot be made dependent upon the presumption or assumption of any authority. The authority concerned is obliged to arrive at a conclusion b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich while upsetting the view taken by the first appellate authority has affirmed the imposition of penalty. The proceedings themselves emanate from a consignment of kerosene which was said to have been effected by the revisionist. This consignment is said to have been dispatched on 11 December 2001. The goods were seized in Saharanpur while they were bound for the premises of the purchasing dealer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntered in the cash books and the cash bill books of the assessee. The first appellate authority has noticed this fact in the order dated 2 May 2002 when he proceeded to annul the penalty which had been levied. A further finding was recorded that at the time of inspection the bills were found to be accompanying the bill of transportation and that the transactions even otherwise were duly reflected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te the reasoning of the Tribunal. The imposition of penalty upon the assessee cannot be made dependent upon the presumption or assumption of any authority. The authority concerned is obliged to arrive at a conclusion based upon the material on record that the bills had not been accounted for and there was an attempt to evade payment of tax. In fact here since the proceedings were under section 13A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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