Concealment finding requires full factual inquiry, including surrounding circumstances and tax payment, before setting aside assessment.

The Tribunal could not sustain its conclusion on concealment because it accepted the dealer's failure to disclose required facts within time but did not examine the surrounding circumstances or determine whether tax on the transaction had been paid. The factual basis was therefore incomplete for rejecting the assessing authority's finding. On that footing, the Tribunal's order could not stand and the matter had to be reconsidered afresh in accordance with law.

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Issues: Whether the Tribunal was justified in setting aside the finding of concealment without considering the attendant circumstances and the question whether tax on the transaction had been paid.

Analysis: The Tribunal accepted the basic fact that the dealer had failed to disclose facts required to be intimated within the prescribed time, but treated that fact alone as insufficient to establish concealment. It did not examine the surrounding circumstances or determine whether tax due on the transaction had been paid. The setting aside of the assessing authority's order, therefore, was made without the requisite factual findings to sustain the conclusion reached.

Conclusion: The Tribunal's order could not stand and the appeal had to be decided afresh in accordance with law.

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