Accounting of transported goods upheld where bills failed to match woollen garments with described hosiery items.

Where transport documents described goods only as hosiery items, the Court held that woollen garments were a distinct category of ready-made garments and the bills did not identify them as such. In the absence of independent evidence linking the goods described in the bills with the goods actually transported, the finding that the goods were not properly accounted for in the books of account was sustained. The Tribunal was also found to have considered the matter on merits after the earlier remand and to have complied with those directions. The penalty-related finding was therefore upheld, and no infirmity was found in the remand compliance.

---

---

Issues: Whether the Tribunal was justified in sustaining penalty by holding that the goods transported as woollen garments were not properly accounted for in the assessee's books of account, and whether the remand directions issued earlier had been complied with.

Analysis: The disputed bills described the goods only as hosiery items, while the goods physically found were woollen garments. The Court found that woollen garments constitute a separate category of ready-made garments and that the bills did not disclose them as such. No independent evidence was produced to show that the goods described in the bills matched the goods actually transported. The Court also found that the Tribunal had examined the issue on merits after referring to the earlier remand and had reached its own conclusion that the goods were not accounted for in the books of account.

Conclusion: The Tribunal's finding that the goods were not properly accounted for was upheld, and no infirmity was found in its compliance with the earlier remand directions.

---