2019 (5) TMI 1560

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....der Section 15-A (1)(c) of the Act merely on the basis of difference in the turnover as per books and returns which was explained and accepted by the assessing officer in the assessment order? ii. Whether on the facts and circumstances of the instant case the Trade Tax Tribunal was legally justified without reversing the finding of Ist Appellate authority who quashed the penalty imposed under Section 15- A(1)(c) of the Act on the ground that there was no concealment of turnover and there is no deliberate furnishing of the inaccurate particulars of turnover? iii. Whether on the facts and circumstances of the case the Tribunal was justified to restore the penalty imposed by the Assessing Officer without establishing mens-rea on the part o....

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....gs the applicant submitted that the mustard oil to the tune of Rs. 15,53,515/- were sent to the Commission Selling Agent and it was his responsibility for depositing the tax due on it. Therefore, neither the tax could be deposited nor was shown in the monthly return. It was further stated that as soon as the said discrepancy was found even before passing of the Assessment order, tax along with interest was deposited. Therefore, there was no mens-rea on the part of the revisionist for concealing the particular of his turnover or has deliberately furnished inaccurate particulars of such turnover and prayed for dropping of the penalty proceedings. The Assessing Authority on 9.6.1999, has passed the penalty order imposing the penalty of Rs. 3....