2013 (4) TMI 170

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ty proceeding ought not to have been initiated. Penalty can only be imposed, when there is a finding to the effect that the importation itself was invalid and the same could only be done by opening the original assessment and converting the liability to pay 4 per cent ad valorem tax to 10 per cent ad valorem tax. That having not been done, the penalty proceeding, in the instant case, could not .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... antime passed from the time Dharamkanta was imported to the State under Form C in terms of the provisions of the Central Sales Tax Act. Because Dharamkanta was not shown as a part of the plant and machinery in the registration of the assessee, a penalty proceeding was initiated against the assessee. For importation of the Dharamkanta under Form C , assessee was required to pay tax at the rate .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ve been initiated. While we are ad idem with the same, we think that the penalty can only be imposed, when there is a finding to the effect that the importation itself was invalid and the same could only be done by opening the original assessment and converting the liability to pay 4 per cent ad valorem tax to 10 per cent ad valorem tax. That having not been done, the penalty proceeding, in the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X