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TMI Blog2017 (3) TMI 340X X X X Extracts X X X X X X X X Extracts X X X X ..... nsaction of sale is doubted for the reason that description of purchaser and seller does not match with the records, and the details furnished relates to some other person, this Court would not be justified in holding that proceedings for penalty cannot be initiated at all. The interest of the assessee can always be protected, but the interest of revenue has also to be safeguarded - this Court wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 2,63,040/-. Aggrieved by the condition imposed for release of goods, the dealer has filed the present revision. Learned counsel for the revisionist has placed reliance upon a decision of this Court in M/s Om Enterprises and another vs. The Commissioner, Commercial Tax, U.P. Lucknow, delivered in Sales/Trade Tax Revision No.777 of 2013, dated 23.10.2013, in which it is held that existence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the question as to whether ultimately any penalty proceedings ought to be drawn in the matter or not would be a factor to be gone into by the authority at appropriate stage, and the appellate authority or this Court in exercise of revisional jurisdiction would not be justified in returning a finding to the effect that no penalty proceedings at all can be initiated. Submission is that intere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asons recorded in the order of the tribunal, and therefore, this Court would not be justified in holding at this stage that no penalty proceedings can be initiated. These are aspects which are to be gone into at appropriate stage, and no final opinion can be expressed at this stage. However, considering the observations made in M/s Om Enterprises (supra), it would be appropriate to provide that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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