9911796707
TMI Blog2012 (5) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... us judgments, then such portion also are required to be quoted, but for the purpose of finding out application of mind upon the ground raised by the appellant, mere quoting of the grounds verbatim and extenso in the order itself cannot be application of mind on the grounds raised by appellant. Such practices are required to be deprecated and the Appellate authority and the Tribunal should be very precise in narrating the facts of the case and the grounds raised by the parties. Reduction of penalty to 25% - held that:- So far as benefit of the proviso under section 11AC is concerned, that was available to the appellant as statutory benefit. It may be true that the Division Bench of Delhi High Court issued instruction to the authorities t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ok the benefit of Government revenue absolutely illegally and as already observed, intentionally and willfully and knowing it very well that it was not entitled thereto. 3. Learned counsel for the appellant submitted that the basic fact, which should have been considered and weighed in the present case, is that the appellant is engaged in big trade and he received total 61,666.20 MT of cement during the year 1999-2000 to 2005-06, out of which only 1114.647 MT of cement was found short, which is only 1.8% of the quantity of cement received by the appellant. Therefore, this can be transit loss. The appellant, thus, clearly stated before the authority that it is a transit loss. Learned counsel for the appellant also submitted that the author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chi. Therefore, this order deserves to be set aside on this ground alone but it has been confirmed by the order of the Appellate Tribunal, which is also liable to be set aside. 5. We have considered the submissions of the learned counsel for the appellant and respondent. Learned counsel for the respondent submitted that as per his instruction, due intimation of the right of the appellant to deposit 25% of the amount of penalty and interest within 30 days was given. 6. It appears that the Assessing Officer before imposing penalty recorded facts of the case in detail and also took into consideration that shortage was detected on 13.7.2006 and the requisite amount of credit taken on the shortage quantity of 1114.647 MT of special cement, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be application of mind on the grounds raised by appellant. Such practices are required to be deprecated and the Appellate authority and the Tribunal should be very precise in narrating the facts of the case and the grounds raised by the parties. At this juncture, we may also take note of the fact that the first appellate authority in its order dated 29.1.2010, after quoting the grounds from the memo of appeal, held that shortage found in stock cannot be blindly treated as loss in transit and there are proper procedures and guidelines prescribed for claiming the benefit on such kind of losses and the magnitude of the shortage detected i.e. 22293 of cement bags is astounding and to claim in one stroke that it is all transit loss is inc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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