2007 (3) TMI 718

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..... ssment year 1997-98 by which the Tribunal has confirmed the penalty levied under section 15A(1)(g) of the Act at Rs. 4,800. Brief facts of the case are that the applicant was running sweetmeat shop. This is first year of business. The applicant was brought on record on the basis of the survey dated May 5, 1997. At the time of survey one Sri Pramesh Chandra Gupta was present. As per survey repor .....

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..... o tax on the gross turnover of Rs. 1,60,000 vide order dated August 25, 1999. After the assessment order, show-cause notice was issued asking the applicant to appear on September 24, 1999. The applicant filed the reply to the show-cause notice stating therein that since the turnover was below the taxable limit, registration could not be applied. The assessing authority, however, has not accepted t .....

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..... applicant filed the objection on June 10, 1997 disputing the fact mentioned in the survey report. He submitted that after the submission of the objection no action was taken by the assessing authority. The assessing authority neither directed the applicant to apply for the registration nor issued any notice for the provisional assessment and when in the year 1999 the final assessment order was pas .....

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..... as been rightly levied. Having heard the learned counsel for the parties, I have perused the order of the Tribunal and the authorities below and given my anxious consideration to the rival submissions. The assessment order for the assessment year 1997-98 dated August 25, 1999, which is annexure 2 to the revision petition reveals that the applicant had disclosed the sales at Rs. 49,946, which .....

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..... tration. The total disclosed turnover was below the taxable limit and merely because in the assessment order by way of best judgment assessment, turnover was estimated above the taxable limit, it cannot be said that the applicant was not under the bona fide belief. On the facts and circumstances of the case, I am of the opinion that the applicant was under the bona fide belief in not applying f .....

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