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TMI Blog1997 (2) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... mises of the hotel by the Intelligence Officer, Squad II on January 13, 1993. Based on the inspection and enquiry by exhibit P1 order the Intelligence Officer imposed a penalty of Rs. 1,61,864 for the year 1992-93 under section 45A(1)(b) of the Act. The petitioners preferred an appeal before the Deputy Commissioner. By exhibit P2 order dated April 29, 1995 the Deputy Commissioner modified the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... true and complete accounts of his business for the year 1992-93 with ulterior motive to evade the payment of tax due to Government, and imposed the penalty. He had also given reasons for coming to the conclusion about the ulterior motive of the petitioner. The first revisional authority, viz., the Deputy Commissioner, in his order, exhibit P2, considered the question of maximum penalty. It was poi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 81,000 will be sufficient to meet the ends of justice. On a further revision before the Board of Revenue it was found that the revision applicant need pay tax only at the rate of 75 per cent on the value of excess stock detected. In those circumstances it was considered that the shortage can be limited only to turnover tax at the rate of 200 per cent and regarding excess the penalty to the extent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Division Bench judgment will apply to a case where the authorities have levied the penalty without independent evaluation. I am of the view that they have independently considered the reason for imposing the penalty. Once subsection (1) of section 45A of the Act is satisfied the authorities can impose penalty of not exceeding the twice the amount of sales tax which was quantified at Rs. 25, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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