9911796707
TMI Blog2019 (5) TMI 798X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the revisionist is allowed to carry on the business of purchase and sale of Kirana, Spices and Chemicals. It is claimed that the revisionist has affected the purchases of 354 bags of Mirch (Chilly) from a registered selling dealer namely M/s. Priya Das Moti Lal and Company, Rawatura, Agra, which is also a registered dealer both under the U.P. VAT Act and Central Sales Tax Act. The said seller M/s. Priya Das Motia Lal & Company sold 354 bags of Chilly against Invoice No. 134 dated 26.11.2014 valuing sum of Rs. 4,38,964/of which the seller has charged the tax and also the Mandi Shulk therefore, the grand total of 354 bags of Chilly comes Rs. 4,71,886/. In the tax invoice the gross weight has been mentioned as 12011 kg. and the weight of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... effected by the revisionist is duly recorded in its books of accounts. However, a report is prepared by the (SIB) Authority which was forwarded to the Assessing Authority of the revisionist and based on the said report the Assessing Authority of the revisionist has proceeded to pass the penalty order under Section 48(5) of the VAT Act. The Assessing Authority of the revisionist has issued a show cause notice under section 48(5) dated 31.01.2017 . It seems that the detailed reply to the show cause notice was filed by the revisionist on 8.2.2017 explaining therein whatever has already been explained in pursuance of the notice issued by the Deputy Commissioner (SIB). The Assessing Authority was not satisfied with the reply hence, has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... portunity of being heard, is satisfied that the said goods were omitted from being shown in the accounts, registers and other documents referred to in subsection (1) or not traced to any bonafide dealer or not properly accounted for by an dealer or the documents issued by a bonafide dealer with respect to the accompanying goods contained wrong particulars or the goods are undervalued to the extent of more than fifty percent of the value of goods prevalent at the relevant time in the local market area where the said transaction had taken place, with intention to evade payment of tax, it shall pass an order imposing a penalty not exceeding forty per cent of the value of such goods or tax payable under the Act on the value of such goods, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eller on 09.12.2014. Learned counsel for the revisionist has also placed reliance on a document, which is copy of the Ledger Account of the seller, which clearly indicates that the sale against tax invoice no. 134 was made to the revisionist for sum of Rs. 4,71,886.94/. Learned counsel for the revisionist therefore, claims that since the transaction in question was duly recorded in the regular books of account of the revisionist therefore, the entire penalty proceedings are illegally proceeded/held. Per contra, learned Standing Counsel Sri, B.K. Pandey has placed reliance of the provision of Section 21(5) of the VAT Act, which provides as to how the accounts and the documents to be maintained by the dealers. For the ready reference Sub S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pare the challan or transfer invoice referred to in subsection (5) of section 21 in three copies marked Original, Duplicate and Triplicate from a bounded book and each copy of challan or transfer invoice shall contain following particulars in respect of goods delivered or dispatched. (i) Name and address of the dealer; (ii)Name of branch or depot; (iii) Taxpayer's Identification Number (Registration Number) of dealer consigning or delivering goods; (iv) Serial No.; (v) Date; (vi) Signature of the authorized person who has authenticated the challan or invoice; (vii) Name and address of the dealer or person to whom goods are delivered or consigned; (viii) Taxpayer's Identification Number of consignee dealer, if a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inding recorded by any of the authorities that any of the aforesaid conditions are not fulfilled or any of the conditions are flouted. In the instant case, it is clearly established that the goods which are purchased or sold by a registered dealers against the proper tax invoice, charging the tax plus Mandi Shulk dispatched from seller place to the cold storage on the instructions of the revisionist (purchaser) and the same are duly recorded in the register of the cold storage and the number of item namely 354 bags of Chilly was found by the (SIB) Authority, at the time of inspection held on 18.12.2014 and immediately in pursuance of the first notice issued by the (SIB) Authority, at the first stage itself, the books of accounts are produce ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
