2015 (9) TMI 1508

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Adv., for respondents. JUDGMENT Instant revision petition is directed against the order dt.14/08/2007 passed by the Rajasthan Tax Board, Ajmer. 2. The brief facts, which can be noticed are that on 06/04/1999, stock of the respondent was being transported through vehicle bearing Registration No.GRO-4430 from Mumbai to Jaipur, was intercepted by the Officer of the Anti Evasion Wing Flying Squad-I....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....02, and as such the penalty could not have been imposed on the owner and only on account of this fact and following the judgment of the Tax Board in the case of Assistant Commercial Tax Officer, Flying Squad Vs. M/s. Bajrang Timber Mart, Ladnu, Nagaur dated 22/12/2005, upheld the order of the Dy. Commissioner (Appeals), when the Hon'ble Apex Court in the case of Assistant Commercial Taxes Offi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....case of ACTO, FSI, Jaipur Vs. M/s. Indian Oil Corporation Ltd. 2006 Vol.15 Tax-Update 207 and contended that the petition deserves to be dismissed. 5. I have considered the arguments advanced by the counsel for the parties and in my view, when it is admitted by the Assessing Officer himself and by all the three Authorities that the goods were being transported as a stock transfer and there was no....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Bajrang Timber Mart (supra) which has held that prior to 22.03.2002, owner could not have been made liable for imposition of penalty, the Hon'ble Apex Court in the case of Bajaj Electricals Limited (supra) has reversed such a finding and has held that the penalty can be imposed on owner as well. However, when the penalty is not sustainable on the facts found, this observation looses significan....