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TMI Blog2015 (9) TMI 469X X X X Extracts X X X X X X X X Extracts X X X X ..... nd not by way of sale, obligation to fill declaration form was not required – However said goods were detained by Excise and Taxation Officer and penalty was imposed taking value of goods – Whether order imposing penalty was justified – Held that:- goods which were impounded were put to auction and were purchased for sum of ₹ 36,71,000 – Respondent agreed to adjusted amount received towards ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f law: (1) Whether the order passed under section 51(7) of the PVAT Act, 2005 inspite of section 51(12) is justifiable whereas the owner of the goods appeared before the enquiry officer ? (2) Whether in this case the value of the goods has been enhanced merely for the purpose of enhancement of penalty amount is justified or not ? (3) Whether, the goods not to be put in auction is violati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon misreading/misinterpretation of evidence/law and thus liable to be set aside ? 2. A few facts relevant for the decision of the controversy involved, as narrated in the appeal, may be noticed. The appellant is a registered dealer in the State of Gujarat. It is engaged in the manufacturing and export of bicycle tube valves and auto tyre valves. It has regular dealing with Punjab dealers a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... along with the necessary documentary evidence but the officer did not listen to his request and imposed penalty by ignoring the owner of the goods, i.e., consignor-Perfect Industries and passed order dated March 14, 2008, annexure A1 in the name of M/s. Northern Carriers (P) Limited Ludhiana, i.e., transporter. The appellant avers that the penalty was imposed taking value of goods on very high si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Abhishek Duggal, ETO, Mobile Wing, Chandigarh, present in court, had agreed that the amount recovered on account of sale of goods valuing ₹ 36,71,000 would be adjusted towards the liability of the assessee and the excess amount shall be released within one month. Learned counsel for the appellant had also agreed to the same. 5. In view of the above, the appeal stands disposed of by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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