2011 (4) TMI 1249

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..... ibunal dated September 23, 2010, annexure A4, claiming following substantial questions of law: (i) Having regard to the facts and circumstances of the case, whether non-reporting of the documents and non-giving of the information as required under section 51(2) and (4) of the Punjab VATAct by the respondent and adoption of an escape route, are not indicative of their intention to attempt to ev .....

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..... uments were found to be ingenuine and improper and a show-cause notice was issued. The designated officer passed an order levying penalty under section 51(7)(c) of the Act which was upheld by the appellate authority. However, on further appeal, the Tribunal set aside the same as follows: I have gone through the arguments of counsel for the appellant and counsel for the State and perused the .....

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..... ccount books produced before me in the court today. They appear to be maintained to the normal course of business. Penalty has been imposed without establishing an attempt to evade the payment of tax. Penalty imposed by the lower authorities is set aside. The appeal is accepted. The above finding has not been shown in any manner to be perverse or unreasonable. In absence of attempt at evasion, .....

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