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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 ..... the levy of penalty on the assessee. 2. Undisputedly, the assessee M/s Godfrey Phillips India Ltd. (in short 'GPI') is the holding company of International Tobacco Company Ltd. (in short 'ITC'). It was the case of the assessee that it had got printed and manufactured packing cases for cigarettes by third entity namely, M/s Twenty First Century Printers Ltd., at Silvassa. Since the manufacturing of cigarettes had been done by the ITC at Ghaziabad, the packing cases thus manufactured on job work were dispatched 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it has been submitted, once the goods had been duly disclosed in import declaration form and there was no discrepancy in goods description, no intention to evade tax could ever arise, inasmuch as the assessee itself was registered inside the State of U.P. All other matters pertaining to the accounting and value of goods by the assessee and its subsidiary, would remain a matters to be considered in the assessment proceedings. Last, 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 se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny of the actual importer namely, ITC, it cannot be said that the goods were not accounted for or that the same could be avoided for the purpose of assessment under the Act. 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. 12. In view of such facts, the question of law, as framed above, is answered thus - in absence of any finding as to intention to evade tax and the undisputed fact that the assessee was the holding company that had issued valid Form-XXXI to cover the import of goods by it's subsidiar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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