https://www.taxtmi.com/caselaws?id=330953 Penalty under section 13A(4) cannot be sustained on assumption or presumption where the goods are supported by bills and reflected in the assessee's books of account. The authority must establish from the record that the goods were not accounted for and that the statutory basis for penalty exists. Where the first appellate finding showed the consignment was billed, entered in the books, and tax-paid, an unsupported inference that the entries were ante-dated was insufficient. The jurisdictional fact required for penalty was therefore absent, and the penalty order could not stand. en-us Tue, 19 Jul 2016 00:00:00 +0530 Tue, 09 Aug 2016 13:06:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=330953 Penalty under section 13A(4) cannot be sustained on assumption or presumption where the goods are supported by bills and reflected in the assessee's books of account. The authority must establish from the record that the goods were not accounted for and that the statutory basis for penalty exists. Where the first appellate finding showed the consignment was billed, entered in the books, and tax-paid, an unsupported inference that the entries were ante-dated was insufficient. The jurisdictional fact required for penalty was therefore absent, and the penalty order could not stand. Case-Laws VAT and Sales Tax Tue, 19 Jul 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=330953