9911796707
TMI Blog2006 (9) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... year 1991-92. Brief facts of the case are that the applicant was carrying on the business of DMO and mentha oil. Applicant had sold DMO and mentha oil against bill No. 36 dated January 12, 1992 for Rs. 2,08,800 to M/s. Essential Oil and Chemical, Nainital Road, Bareilly. When the goods were in transit, they were checked by Trade Tax Officer, Mobile Squad, on January 12, 1992. At the time of ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00. The seizure order was confirmed by the Assistant Commissioner (Enforcement), Bareilly, vide order dated January 25, 1992. Against the said order, applicant filed appeal before the Tribunal. The Tribunal by the order dated February 3, 1992 allowed the appeal. The Tribunal held that the seizure of the goods was not justified. Tribunal however, observed that it would be open to the assessing auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d from the regular bill book and applicant had maintained stock register in the loose form, which was ubsequently, bounded. On this basis, it has been inferred that the goods were transported outside the books of account. Heard learned counsel for the parties. The learned counsel for the applicant submitted that adverse inference drawn by the Tribunal that the goods were transported outside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e levy of penalty. Learned Standing Counsel relied upon the order of Tribunal. On the facts and circumstances of the case, in my opinion, penalty is not sustainable. Section 13A(4) of the Act reads as follows: 13A. Power to seize. (4) If such authority, after taking into consideration the explanation, if any, of the dealer or, as the case may be, the person in-charge and giving to him a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntioned by stamping and it was kept in loose form, which was subsequently bounded, is no ground to infer that the goods were not shown in the books of account. The adverse inference drawn by the Tribunal is erroneous and based on no material and merely on surmises and conjectures. In the result, revision is allowed. Order of the Tribunal is set aside and the penalty is hereby quashed. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
