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TMI Blog2019 (7) TMI 1125X X X X Extracts X X X X X X X X Extracts X X X X ..... le to establish what action he had taken against the transporter, for the default committed by the latter, in not filling three columns in Form 49. Once the assessee produced the books of account prior to seizure along with all invoices, it had opened itself to scrutiny by the seizing authority at that stage itself, as to the correctness of the explanation furnished. No adverse inference having been drawn with respect to books of account, the mere absence of certain invoices at the stage of detention of Form 49 is not enough to impose penalty. It does appear that there was no material or evidence to reach a conclusion that the goods were not properly accounted for, by the assessee. In fact, all relevant material having been produced b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned Senior Counsel, assisted by Ms. Pooja Srivastava, learned counsel for the assessee and Sri B.K. Pandey, learned Standing Counsel for the revenue. 4. The present revision has been heard and decided, at this stage, with the consent of the parties. 5. Learned Senior Counsel for the assessee submits, the goods that had been subjected to checking on 7.2.2004 were covered by 20 goods receipt/challan. Against that, 12 invoices were found accompanying the goods as also there were 12 Form 49 also accompanying those goods. 10 invoices had however remained from accompanying the goods. These were produced immediately upon the goods being stopped for checking. Also, before the seizing authority and before the seiz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ential when the correct value of the goods was found recorded in the original account books examined before the seizure of goods. With reference to 10 Form 49 and invoices, it has been submitted, those having been produced, no adverse inference could be drawn as those invoices were produced before the seizing authority, as soon as the goods were detained. 7. As to the additional reason recorded by the Tribunal that certain invoices were not numbered, it has been submitted, that was not even a reason for seizure of goods and no penalty could have been imposed for that reason. In any case, the Tribunal had erroneously drawn that inference and it was no one's case that such a fact existed. 8. Learned Stand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... action he had taken against the transporter, for the default committed by the latter, in not filling three columns in Form 49. 10. Once the assessee produced the books of account prior to seizure along with all invoices, it had opened itself to scrutiny by the seizing authority at that stage itself, as to the correctness of the explanation furnished. No adverse inference having been drawn with respect to books of account, the mere absence of certain invoices at the stage of detention of Form 49 is not enough to impose penalty. The finding of guilt must be based on the appraisal of evidence. It ought to have been made before the penalty may have been imposed. Further finding of the Tribunal that the invoices were not numbere ..... X X X X Extracts X X X X X X X X Extracts X X X X
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