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TMI Blog1987 (1) TMI 462X X X X Extracts X X X X X X X X Extracts X X X X ..... has referred the following question of law to this Court for its opinion: "Whether, on the facts and in the circumstances of the case, the penalty was imposable under section 43(1) of the Act even when no returns for the relevant period were filed by the dealer?" 2.. The material facts giving rise to this reference, briefly, are as follows: The assessee deals in kirana, sugar, grain, etc. He w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under section 43(1) of the Act. This objection was overruled and penalty was imposed under section 43(1) of the Act. Aggrieved by that order, the assessee preferred an appeal before the Tribunal. The Tribunal dismissed the appeal. Hence the assessee sought reference on a number of questions of law but the Tribunal has chosen to refer only the aforesaid question of law to this Court for its opin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period has not been filed by the dealer. Now section 43(1) of the Act is as follows: "43. Power of Commissioner or appellate authority to impose Penalty.-(1) If the Commissioner or the appellate authority in the course of any proceedings under this Act is satisfied that the dealer has concealed his turnover or the aggregate amount of purchase prices in respect of any goods or has furnished inac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p from another's knowledge. In Babulal Agarwal v. Commissioner of Sales Tax, M.P. [1987] 66 STC 164; 1986 CTJ 286, a Division Bench of this Court overruled the contention that as the return was not filed no penalty could be imposed under section 43(1) of the Act. The learned counsel for the assessee was unable to point out any authority to the contrary. We see no cogent reason for taking a view di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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