2007 (4) TMI 657

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....as, "the Act") is directed against the order of the Tribunal dated June 12, 2001 relating to the assessment year 1988-89, by which the Tribunal has confirmed the penalty under section 15A(1)(o) of the Act at Rs. 10,000. Brief facts of the case are that the applicant is a registered dealer and was carrying on the business of foodgrains, etc., against from XXXI No. 3223727. The applicant had impo....

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....ot accepted the explanation with regard to the rajma (dagi) and on the estimated value of Rs. 40,000 a sum of Rs. 16,000 was levied towards penalty. The order of the assessing authority has been confirmed in first appeal. The Tribunal by the impugned order allowed the appeal in part. The Tribunal confirmed the levy of penalty but has reduced the quantum of penalty to Rs. 10,000. Heard Sri Amit ....

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....s, but no sample was taken by the Check-post Officer. He submitted that merely because the assessing authority has different opinion about the nature of the goods it cannot be said that the applicant had attempted to evade the tax. Learned Standing Counsel relied upon the order of the Tribunal. Having heard learned counsel for the parties, I have perused the order of the Tribunal and the author....