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TMI Blog2019 (7) TMI 1241X X X X Extracts X X X X X X X X Extracts X X X X ..... time, necessarily there was over disclosure of 25 bags of laminated P.P. fabric as the assessee had disclosed 67 bags of laminated P.P. fabric against 42 bags of laminated P.P. fabric. The demand of penalty @ 40% is found to be excessive. While normally the Court would remit the proceedings to appeal authority, however, keeping in mind the fact that the penalty is for A.Y. 2000-01 and the amount of penalty is not heavy, I am inclined to dispose of the present revision with the observation that the Tribunal may pass appropriate order to confine the penalty to ₹ 25,000/- (in all) - The balance amount, deposited in excess, may be refunded to the assessee. Revision allowed in part. - Sales/Trade Tax Revision No. - 1883 of 2008 - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iscovered that though the assessee had disclosed import of 67 bags of laminated P.P. fabric, actually, the consignment was in two parts being 42 bags of laminated P.P. fabric and 25 bags of unlaminated P.P. fabric. Treating 25 bags of unlaminated P.P. fabric to be undisclosed with intention to evade tax, the same was seized and later released. The assessing authority imposed penalty @ 40% of the value of goods. The penalty ₹ 79,200/- was sustained by the appeal authority. 5. The present revision has been pressed on the following two questions: 1. Whether any intention to evade tax could be inferred against the assessee on mere clerical error in filling up the invoice of the Form-31. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recorded by the assessing authority is based on cogent material or evidence. The same has been upheld by the appeal authority as also the Tribunal. As to the quantum of penalty, it has been submitted, once the assessee had not disclosed 25 bags of unlaminated P.P. fabrics, its clear intent to evade payment of tax was established and, therefore, the maximum penalty is wholly justified. 10. Having heard learned counsel for the parties and having perused the record, it remains an undisputed fact that the assessee had disclosed import of 67 bags of P.P. fabric. It is not the case of the revenue that 25 bags of unlaminated P.P. fabric were found over and above the consignment of 67 bags of the P.P. fabric. Thus, if there was und ..... X X X X Extracts X X X X X X X X Extracts X X X X
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