TMI Blog2017 (5) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... ly be passed - In view of the fact that the transaction was duly accounted for in the books of account, and the transaction could not be disputed effectively, the order passed by the Tribunal is not liable to be sustained - penalty set aside - decided in favor of assessee. - Sales/Trade Tax Revision No. 1199 of 2005 - - - Dated:- 25-4-2017 - Hon'ble Ashwani Kumar Mishra, J. For the Applicant : Nasiruzzaman,M M Rai For the Opposite Party : C.S.C. ORDER Following questions are stated to arise for consideration in the present revision: (i) Whether in the facts and circumstances of the case, the Tribunal was justified in law in disbelieving documents produced on the day of interception of vehicle on the surmises and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing, essentially on the ground that the vehicle through which rise was being transported was shown to be a truck in the bilty, where as it was a tractor trolly. Learned counsel for the revisionist submits that once the transaction was duly accounted for in the books of account there was no justification for the authorities to impose penalty. So far as mentioning of truck number in the builty is concerned, learned counsel states that in the format issued by the transport association only truck number is envisaged, whereas the vehicle was tractor, which was due to inadvertent error. Before the Tribunal it was also highlighted that three previous transactions by the same vehicle were duly reflected in the books of account and were also acce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intained in the course of his business, he shall have power to seize such goods, and the remaining provisions of this section mutatis mutandis apply in relation to such seizure. (4) If such authority, after taking into consideration the explanation, if any, of the dealer or, as the case may be, the person incharge and giving him an opportunity of being heard, is satisfied that the said goods were omitted from being shown in the account registers and other documents referred to in sub-section (1) it shall pass an order imposing a penalty not exceeding forty percent of the value of such goods as he deems fit. It is settled that if the dealer before an order of seizure could be passed if produces relevant documents and materials to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n produced to show that transaction was duly accounted for in the books of account. It was also shown that with the same truck the assessee had transported goods thrice in the past as well. In such circumstances the requirement in law 'imposed upon the revisionist to explain that transaction was duly accounted for in the books of account' had been discharged. This court in M/s S.K. Enterprises Vs. Commissioner Trade Tax, U.P. Lucknow reported in VSTI (2008)B-407 has been pleased to observe that where the transaction was duly accounted for in the books of account of the assessee, penalty proceedings ought not to be drawn. In view of the fact that the transaction was duly accounted for in the books of account, and the transac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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