2011 (8) TMI 1033

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....appeal is by the assessee being aggrieved by the order of the revisional authority restoring the penalty imposed on the assessee. 2. The assessee is a partnership firm engaged in trading of all kinds of flooring items. The goods were sought to be procured from Tamil Nadu in vehicle bearing No. KA01 C 4969. On January 8, 2008 at the check-post, when the vehicle was stopped, the person-in-charge of....

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....der, the double penalty as imposed by the assessing authority was reduced to the amount of tax leviable. Accordingly, the order under appeal was set aside and the penalty was modified. Hence the present appeal by the assessee. 3. The learned counsel appearing for the appellant contends that the impugned order is bad in law and liable to be set aside. He contends that there was no intention to avo....

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..... The citation relied upon by the learned counsel appearing for the appellant has no application to the facts on hand. In the said case, the documents were produced before the check-post authorities. However, the check-post authorities did not consider the same. It was a case of non-scrutiny of the documents produced. In the instant case, the facts and circumstances are otherwise. It is not the ca....

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....uently, it was considered that the movement of goods was one without document and hence it was "no document case". The assessing authority imposed double the rate of tax as penalty. In the suo motu revision, the penalty was reduced from double the rate of tax to the rate of tax leviable. On this ground also we do not find any reason to interfere with the reasoned order of the revisional authority.....