2011 (3) TMI 1535

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....eal is by the assessee challenging the order passed by the revisional authority to set aside the order passed by the appellate authority and restore the order passed by the assessing authority who had imposed duty, penalty and interest. The Commercial Tax Officer checked Bus No. KA 26 4755 on May 1, 2002 at J.C. Road, Bangalore, in respect of 30 cases of automobile parts. The driver person inch....

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....levied penalty of Rs. 2,21,130 under section 28A(4) of the KST Act. Aggrieved by the same, the dealer preferred an appeal. The appellate authority was of the view that the person accompanying the goods was travelling as a passenger in the bus. He was not aware that the bus has to be stopped in the entry check-post point and therefore, it was of the view it cannot be said that it was an attempt to ....

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....filed. The learned counsel for the appellant assailing the impugned order contended that when the appellate authority has passed a reasoned order, the revisional authority committed a serious error in interfering with the said order, for which, he had no jurisdiction and therefore submits that the order passed by the revisional authority is to be set aside. From the aforesaid facts it is cle....

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....t know the law or did not thought it fit to get down and get the necessary seal of the check-post authorities, it would not absolve him from the law to strictly comply with the statutory provisions and therefore here again the reasoning of the appellant authority is perverse, which was rightly set aside by the revisional authority. Insofar as the discrepancy in the amount is concerned, the amou....