TaxTMI 
TaxTMI 
2017 (1) TMI 1554
X X X X Extracts X X X X
X X X X Extracts X X X X
....nt : Mr. Alkesh Sharma JUDGMENT The instant petitions are directed against order dt 25.8.2014 passed by the Rajasthan Tax Board, Ajmer, and are against the deletion of penalty u/s 61 of the Rajasthan Value Added Tax Act, 2003 for the assessment years 2006-07 to 2009- 2010. 2. The brief facts noticed are that the respondent assessee had leased out air conditioner, exhaust system, generator, fire....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... penalty having been deleted by the DC(A), however, the assessee insofar as levy of tax is concerned, did not prefer any appeal and thus insofar as levy of tax on lease rental is concerned, it became final. The Tax Board also took into consideration the various factors and held that penalty is not leviable and accordingly rejected the appeals of Revenue. 4. Learned counsel for the petitioner vehe....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... sustained and the issue requires consideration. 5. Per contra, learned counsel for the respondent contended that both the appellate authorities have found that it is a case where penalty is not leviable and admittedly it is a case of classification and two views could be possible and both the appellate authorities taking into consideration the judgment of Apex court in the case of Sree Krishna E....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sactions are duly recorded in the books of account and the AO except levy of tax, has not found anything adverse. 9. Taking into consideration the judgment of Apex court in the case of Sree Krishna Electricals v. State of Tamil Nadu (supra) wherein it has been held as under :- "...So far as the question of penalty is concerned the items which were not included in the turnover were found incorpor....