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TMI Blog2019 (9) TMI 696X X X X Extracts X X X X X X X X Extracts X X X X ..... as not been recorded by the assessing authority. The penalty has been imposed and it appears that the same has been sustained by the appeal authorities, solely on account of the technical breach noted by the assessing authority, of the import declaration form having not been issued by the ITC but by the assessee. Such finding would not satisfy the test or requirement to sustain the penalty being that there must be shown to exist the intention to evade tax. The import of the goods, thus being disclosed, though by the holding company, all other matters would remain to be considered in the assessment proceedings wherein it may have been open to the authorities to draw appropriate conclusions, as to the hands at which such goods may be taxed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to Ghaziabad, against invoice nos.1372 and 1373, issued by M/s Twenty First Century Printers Ltd., in favour of ITC. For the purposes of transportation, they were accompanied with delivery challan issued by M/s Twenty First Century Printers Ltd., in favour of ITC A/c: GPI. For the purposes of the Act, duly filled import declaration form was also found accompanying the goods at the relevant time. However, two separate Form-XXXI had been issued by the assessee with respect to the goods covered under invoice nos. 1372 and 1373, as aforesaid. 3. Solely on account of the alleged discrepancy, of issuance of the import declaration form by the assessee against the goods, actually imported by the subsidiary ITC, penalty was impose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st, it has been submitted, in any case, there is no finding recorded by the assessing authority, of any intention to evade tax and, therefore, penalty proceedings are wholly unfounded. 8. Opposing the revision, learned Standing Counsel would submit, the juristic persona of the assessee and it's subsidiary is separately recognized under the Act, inasmuch as, both the assessee and it's subsidiary are separately registered. Insofar as it was the subsidiary company ITC, that was importing the goods, the import declaration form ought to have been issued by that person, and not the assessee. 9. Having heard learned counsel for the parties and having perused the record, while the objection raised by lear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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