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TMI Blog2013 (11) TMI 260X X X X Extracts X X X X X X X X Extracts X X X X ..... as to whether the purchaser had made payment of price of the goods purchased to the revisionist-assessee dealer or not and it is also immaterial as to whether the purchaser is a Government Company or a private buyer - amount of penalty is reduced to 15% subject to the conditions that the assessee deposits the reduced penalty in terms of the order of this Court within one month - Decided partly in favour of assessee. - Sales/Trade Tax Revision No. - 806 of 2007, Sales/Trade Tax Revision No. - 807 of 2007, Sales/Trade Tax Revision No. - 808 of 2007, Sales/Trade Tax Revision No. - 911 of 2007, Sales/Trade Tax Revision No. - 912 of 2007 - - - Dated:- 4-10-2013 - Hon'ble Arun Tandon,JJ. For the Applicant : Shubham Agrawal, Bharat J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement dated 10th April, 2007 by the Tribunal. Hence these six revisions. The Tribunal in the facts of the case has found that the explanation furnished by the assessee qua sale price along with the incident of tax being not recovered from the purchaser, which was none other than a Government Company, namely, Railways, was not reasonable explanation for non-deposit of the tax within the time. Similarly, deposit of admitted amount of tax interest for delayed period by the assessee, will not dilute the levy of penalty. The Tribunal has gone on to hold that the liability to pay the tax on the transactions is admitted to the assessee and it is wholly immaterial as to whether he had recovered the sale price along with the incident of tax from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led for. Learned counsel for the assessee has also referred to the judgement of this Court in the case of M/s. Govind Sugar Mills Ltd., Lakhimpur Khiri vs. Commissioner of Trade Tax reported in 2008 U.P.T.C.--991, only for the purpose that the rate of penalty may be reduced from 20% to the minimum permissible i.e. 10%. In the facts of the case the amount of penalty is reduced to 15% subject to the conditions that the assessee deposits the reduced penalty in terms of the order of this Court within one month from today. Any amount already deposited shall be taken into consideration for the purpose. In case of default in compliance with any of the conditions mentioned above, the assessee shall not be entitled to the benefits of this orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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