2007 (9) TMI 595

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....as "the Act") is directed against the order of the Tribunal dated September 7, 1999 relating to the assessment year 1998-99, by which Tribunal has deleted the penalty under section 15A(1)(c) of the Act. Brief facts of the case are that the opposite party/dealer (hereinafter referred to as "the dealer") was carrying on the business of manufacture and sale of paints and disclosed taxable turnover....

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....e assessing authority had not accepted the explanation of the dealer on the ground that such explanation was not given before S.T.O. (S.I.B.). With regard to the entries in the exhibit 8, it was explained that such notebook was maintained by the employee and related to the loading and for the classification of various shades. It was also explained that most of the entries of the note book were got....

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....e Tribunal by the impugned order allowed the appeal of the dealer and the penalty was deleted. Heard Sri B.K. Pandey, learned Standing Counsel and Sri K. Saxena, learned counsel for the opposite party. Learned Standing Counsel submitted that on the basis of the adverse material found at the time of survey dated June 6, 1993, the inference drawn by the assessing authority was justified and th....

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.... the explanation and, therefore, penalty under section 15A(1)(c) of the Act has rightly been deleted. In support of his contention, he relied upon the decisions of this court in the case of Satya Confectionery Works v. Commissioner of Sales Tax reported in [1980] UPTC 356, Moti Lal Jawahar Lal v. Commissioner of Sales Tax reported in [2003] UPTC 854. Having heard learned counsel for the parties....