9911796707
TMI Blog2006 (8) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... lating to the assessment year 1991-92 both under the U.P. Trade Tax Act. Revision No. 213 of 1999 is filed by the applicant and Revision No. 1067 of 1999 is filed by the Commissioner of Trade Tax. The applicant was carrying on the business of manufacture and sale of deshi ghee and skimmed milk powder for the year under consideration. The applicant had shown total purchases at Rs. 7,41,63, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kg., per day was detected. The assessing authority estimated the suppressed production for 114 days. The Tribunal, however, estimated the production taking the period for 75 days and average production for 1,500 kg. per day. Order of the Tribunal has been upheld by this court in Revision No. 858 of 1996 vide order dated December 1, 1991 (sic). On the basis of order of the Tribunal, in which, conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that as against the suppression found for 17 days, concealed production for 75 days, was estimated by way of best judgment assessment. He submitted that the penalty sustained by the Tribunal is unjustified and in any view of the matter, levy of penalty at 100 per cent is excessive and arbitrary. Learned Standing Counsel submitted that the dealer was found suppressing a huge production. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been estimated. The Tribunal found that levy of penalty at 200 per cent was not justified, but has not given any basis for levy of 100 per cent penalty. On the facts and circumstances of the case, in my view, the minimum penalty at 50 per cent of the concealed turnover which comes to Rs. 2,20,012.50 is reasonable and is sustained. In the result, revision filed by the applicant is allowed in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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