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TMI Blog2007 (12) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... Trade Tax Tribunal Bench-II, Kanpur passed in Second Appeal No. 490 of 1986 and 491 of 1986 relating to assessment years 1979-80 and 1980-81, respectively. They arise out of the proceedings for penalty under section 4B(5) of the Act. Heard Sri S.D. Singh, learned counsel for the revisionists-applicants and Sri K.M. Sahai, learned Standing Counsel for the department. According to the dealer it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turing of iron and steel and it had nothing to do with road equipments. Accordingly penalty notice was also issued under section 4B(5) of the Act. The assessing authority imposed the penalty of Rs. 24,000 for the assessment year 1979-80 and a penalty of Rs. 8,000 for the assessment year 1980-81, vide order dated December 28, 1983. The appeal filed by the dealer with regard to the penalty for both ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also the words road equipment as the items which were sought to be manufactured and sold by the dealer. The application form originally mentioned road equipments . However the same has been scored out and iron and steel has been mentioned at Serial No. 6 of the application form. From perusal of the notings made on the application form it appears that the question had arisen as to whether roa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpering was done with the records. Even if it had been done, it is not going to help the dealer. At no stage, was any recognition certificate issued to the dealer for manufacturing and sale of road equipments . Further it has been recorded by the Tribunal that the dealer had been changing his stand from time to time and therefore, no credibility could be placed on the submissions. Further it is a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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