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TMI Blog2019 (5) TMI 1560X X X X Extracts X X X X X X X X Extracts X X X X ..... rnover then only penalty can be imposed under the Act. The case in hand, the revisionist has not only filed the revise return, but, also has deposited the tax along with interest before passing of the original assessment order or any penalty proceedings has been initiated against the revisionist. Once the revisionist has submitted the revise return which has been accepted by the Assessing Authority then it cannot be said that the revisionist had violated the provision of Section 15- A(1)(c) of the Act - Moreover, the revisionist has produced its books of account in which the sale of mustard oil value of ₹ 15,53,513/- was duly shown, therefore, levy of penalty under the said provision is not justified and is set aside. The questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... part of the applicant which is a necessary ingredient, as the penalty proceedings are quasi criminal in nature? iv. Whether on the facts and circumstances of the instant case the Tribunal was legally justified to impose the penalty under Section 15-A(1)(c) of the Act, against the judicial pronouncement of this Hon'ble Court? The applicant being a limited company incorporated under Indian Company Act and engaged in the business of manufacture and sale of all kinds of edible oil. The applicant is registered under U.P. Sales Tax Act (as it then was). The applicant in its normal course of business selling the goods directly to the dealer as well as through its commission agent within the state ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g of the penalty proceedings. The Assessing Authority on 9.6.1999, has passed the penalty order imposing the penalty of ₹ 39,000/-. The said order was assailed before Deputy Commissioner Appeals, Aligarh who by its order dated 23rd February, 2001, had quashed the penalty order on the ground that the revisionist has shown the turnover of ₹ 15,53,515/- in its books of account as well as the tax and interest had also been deposited. Therefore, the condition as prescribed under Section 15-A(1)(c) is not attracted. The revenue assailed the order before Trade Tax Tribunal, Aligarh, who vide impugned order, has restored the penalty order. Feeling aggrieved by the impugned order, the present ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith interest before passing of the original assessment order or any penalty proceedings has been initiated against the revisionist. Once the revisionist has submitted the revise return which has been accepted by the Assessing Authority then it cannot be said that the revisionist had violated the provision of Section 15- A(1)(c) of the Act. Moreover, the revisionist has produced its books of account in which the sale of mustard oil value of ₹ 15,53,513/- was duly shown, therefore, levy of penalty under the said provision is not justified and is set aside. In view of the matter, the question of law is answered, accordingly, in favour of the revisionist and against the Revenue. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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