2014 (9) TMI 912

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ly stated the facts of the present case are that on 2.4.2009, a Truck No.HR-63A-5409 was intercepted by the assistant commissioner, Commercial Tax, Mobile Squad-Vth Unit, Ghaziabad. On inspection, Air -colling unit and parts were found loaded in the truck, which was accompanied with tax invoice dated 29.3.2009 of M/s Star Coolers & Condensers Pvt. Ltd., Jalgaon, Maharashtra and a bilty dated 29.3.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Ghaziabad, which was dismissed by impugned order dated 28.6.2014. Aggrieved with this order, the applicant has filed the present revision. Learned Standing Counsel submits that since Form-38 was not found accompanied with the goods at the time when the goods were intercepted and as such the penalty of Rs. 4,40,000/- imposed by the first appellate authority was imposed. Thus, the Tribunal has....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ler and was submitted before the assessing authority prior to the seizure of goods. The assessing authority has also not recorded any finding that the goods in question were for sale. The first appellate authority and the Tribunal have recorded a finding of fact that the goods in question were capital goods which were purchased by the assesee against Form-C and the same were not for sale, but for ....