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TMI Blog1999 (1) TMI 517X X X X Extracts X X X X X X X X Extracts X X X X ..... siness premises of the petitioner by the second respondent on September 22, 1992 and certain documents have been seized. Based on the materials gathered in such inspection, the second respondent initiated proceedings against the petitioner for imposition of penalty under section 45A of the Act. Exhibit P1 is the notice asking the petitioner to compound the offence. Since the petitioner did not agr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hered in the inspection conducted on September 22, 1992. It is alleged that the petitioner had effected unaccounted purchase and sale of cement to the tune of 1000 bags. The explanation of the petitioner that the said sales were effected through a commission agent by name Nesayyan, was rejected and the penalty of Rs. 29,834 was imposed. This, as already stated, is double the amount of tax sought t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ous conduct on the part of the dealer. Apart from that, the circumstances also must show that there was an attempt on the part of the dealer to evade the tax legitimately due to the Government or attempted to make such evasion. In the instant case, apart from the fact that the authorities have found that certain transactions have not been accounted, no finding was entered either with regard to eva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equal to the tax sought to be evaded. I accordingly modify exhibit P8 penalty order restricting the penalty to Rs. 14,917. The orders of the authorities are sustained to the extent mentioned above. 3.. The learned counsel appearing for the petitioner then submitted that the records seized in the inspection conducted on September 22, 1992 are even now with the second respondent and that the same ..... X X X X Extracts X X X X X X X X Extracts X X X X
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