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2016 (11) TMI 1196 - RAJASTHAN HIGH COURT

2016 (11) TMI 1196 - RAJASTHAN HIGH COURT - TMI - Imposition of penalty u/s 78 (5) of the Act - Held that: - merits of the case not considered and decision reached, which is not permissible - penalty can be levied on the owner as well. - Penalty imposed by AO is upheld - decided against Assessee. - S.B. Sales Tax Revision Petition No. 152 of 2010 - Dated:- 26-9-2016 - Jainendra Kumar Ranka, J. For the Petitioner : Meenal Ghiya ORDER 1. The instant petition at the instance of the Revenue is d .....

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dical System, and taking into consideration the contradictions, the show cause notice was issued and the Assessing Officer taking into consideration imposed penalty under Section 78 (5) of the Act. 3. On an appeal by the assesses the Deputy Commissioner (Appeals) took into consideration that the incident is prior to 22.3.2002 and therefore, in the light of judgment of Larger Bench on the Tax Board in the case of ACTO, Flying Squad Vs. M/s. Bajrang Timber Mart :(2006) 14 Tax Up-Date 11 held that .....

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a correct manner and both the Appellate Authorities without going into the merits by applying the Judgment of ACTO, Flying Squad Vs. M/s. Bajrang Timber Mart Ladnu, Nagaur have deleted the penalty which is unjustified particularly in the light of Judgment of Apex Court in the Case of Assistant Commercial Taxes Officer Vs. Bajaj Electricals Ltd.(2009) 1 SCC 308 where the Judgment of ACTO, Flying Squad Vs. M/s. Bajrang Timber Mart (supra) has been reversed and contended that since very judgment ha .....

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