2016 (8) TMI 336

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....de Tax Act 1948. It becomes relevant note that the order of the assessing authority has been set at nought by the first appellate authority which found that there was no intent to evade tax and that the imposition of penalty was therefore unjustified. It is this order which was overturned by the Tribunal by the order impugned. The undisputed facts are that the revisionist is stated to have imported 320 pieces of hardware goods from three firms situate at Jalandhar. The case of the Department was that bill No. 400 dated 1.7.1999 which represented the goods purchased from M/s. Aman Deep Trading Pvt Ltd., Jalandhar were not duly entered in the papers which accompanied the consignment. The truck which was carrying these goods was stopped ....

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....ded that the Tribunal has clearly erred in interfering with the view taken by the first appellate authority. It has categorically recorded that there had been no intent to evade tax. He has placed heavy reliance upon the findings returned by the first appellate authority which recorded that concessional rate of tax at 4% under the Central Sales Tax 1956 had been duly paid on the entire consignment. It was his further submission that the imposition of penalty would have to preceded by the authorities coming to the conclusion that there was a failure to account for the goods in the books of accounts coupled with an intent to evade payment of tax. Learned standing counsel, on the other hand, has submitted that the Tribunal has clearly found....