TMI Blog2006 (9) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... 10-11-2004 passed by Customs, Excise and Service Tax Appellate Tribunal, New Delhi, proposing following question of law :- (i) "Whether Tribunal was correct to hold that confiscation and penalty for non-accountal of excisable goods, was imposable only when mens rea on the part of the offender is proved under Rule 173Q(1)(b) of Central Excise Rules, 1944, whereas the cited Rules does not make suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ff also verified the stock of inputs which was found tallying with the recorded balance. I also note from the show cause notice that the partner of appellants in his statement recorded on 6-12-2000 itself explained their working in detail. He also explained the reasons and circumstances under which these goods were not accounted for in the statutory records. He also explained that from the very be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It would, thus be seen that under provisions of Section 271 of Income-tax Act in the first instance there is discretion with the assessing authority whether to impose any penalty or not and if the assessing authority finds that it is a case for imposition of penalty then it has no discretion in the matter and the certain amount of penalty depending on the facts and circumstances of each case has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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