2006 (7) TMI 601

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....red to as "the Act") are directed against the order of Tribunal dated July 28, 1999 relating to the assessment year 1996-97. Revision No. 609 of 1999 relates to the penalty under section 13A(4) of the Act while Revision No. 611 of 1999 relates to the assessment proceedings. Dealer/opposite party (hereinafter referred to as "dealer") was engaged in the business of manufacture and sale of cooler ....

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....sued and a sum of Rs. 4,770 was levied towards penalty under section 13A(4) of the Act by passing ex parte order. Order of penalty has been confirmed in first appeal. In second appeal, Tribunal allowed the appeal and set aside the penalty order. Tribunal held that the goods were found entered in the books of account. Tribunal further held that the goods have not been seized. The books of accoun....

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....ate of turnover made by the assessing authority was also justified on the basis of the material. I do not find any substance in the argument of learned Standing Counsel. Penalty under section 13-A(4) of the Act can only be levied in respect of the goods seized under section 13-A(1) of the Act. If the goods is not seized, penalty proceedings under section 13-A(3) of the Act cannot be initiated. ....