1976 (11) TMI 96

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..... pellate Assistant commissioner of Sales Tax, Gwalior dated 13th May, 1976 in respect of the assessment against the appellant for the periods from 4th Nov, 1964 to 24th Oct, 1965 (first periods) and 25th Oct, 1965 to 12th Nov, 1966 (second period). The aforesaid two first appellate orders upheld the imposition of penalties under s. 43(1) of the Act, though the quantum of the penalties were reduced. .....

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..... s. 15,000 was imposed by the Sales Tax Officer, Gwalior, Circle 1 on 19th February, 1976. The first appellate authority felt that the imposition of the penalty was justified but reduced it to Rs. 1,100. 3. The assessment in respect of the second period was made on 31st August, 1968 and the penalty order was made on 19th February, 1976. In this year also there was a difference of about Rs. 10,000 .....

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..... ve decisively that he was not motivated by any guilty intention. 5. On a careful study of the records it is felt that the imposition of the penalties were wholly unjustified. So far as the discrepancies between the accounts and the returns were concerned, they were minor. The assessee can reasonably claim that due to lapse of time he was not in a position to explain the errors in his returns. In .....

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