2012 (8) TMI 879

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....Mathur ALOK SHARMA J.-This revision petition has been filed against the order dated April 9, 2003, passed by the Rajasthan Tax Board, Ajmer. The facts of the case are that the respondent-assessee purchased goods from M/s. Vimal Oil Industries, Kekri, through bill No. 420 dated July 18, 1996 for Rs. 3,54,005, against declaration ST 17 (D form) and transported the goods under bilty No. 109 dat....

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....o other foils was pasted at the back of the bill book. A show-cause notice was issued to the respondent-assessee to show why penalty not be imposed. In reply to the show-cause notice, the respondent-assessee furnished the number of declaration of ST 17 and sought to disabuse the assessing officer's mind owing to certain technical lacunae in the documents accompanying the goods in transit ev....

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....transit did not constitute a substantial ground for levy of penalty. It is an admitted position that the goods in transit were accompanied by all requisite documents required in law, i.e., a bill evidencing the sale from the consignor to the consignee and a valid goods transit receipt. These transactions were also recorded in the books of account of the assessee. The respondent-assessee had furnis....