2016 (8) TMI 337

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....r the Opposite Party : C. S. C ORDER Heard the learned counsel for the revisionist and the learned standing counsel. The challenge in the present revision is to an order of the Tribunal which while upsetting the view taken by the first appellate authority has affirmed the imposition of penalty. The proceedings themselves emanate from a consignment of kerosene which was said to have been e....

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.... explain why penalty be not levied, a detailed reply was submitted and in which it was stated that the goods in question were being transported against regularly drawn up bills and they were duly entered in the cash books and the cash bill books of the assessee. The first appellate authority has noticed this fact in the order dated 2 May 2002 when he proceeded to annul the penalty which had been l....

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....duly recorded in the books of accounts at the time of consignment and that records were prepared by the revisionist only after the instant proceedings were drawn up. This Court fails to appreciate the reasoning of the Tribunal. The imposition of penalty upon the assessee cannot be made dependent upon the presumption or assumption of any authority. The authority concerned is obliged to arrive at....