2006 (9) TMI 200

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.... been preferred under Section 35G of the Central Excise Act, 1944 by the revenue against order dated 10-11-2004 passed by Customs, Excise and Service Tax Appellate Tribunal, New Delhi, proposing following question of law :- (i) "Whether Tribunal was correct to hold that confiscation and penalty for non-accountal of excisable goods, was imposable only when mens rea on the part of the offender is....

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....ise duty evaded. 3. On appeal the Commissioner reversed the view taken and held :- "The visiting staff also verified the stock of inputs which was found tallying with the recorded balance. I also note from the show cause notice that the partner of appellants in his statement recorded on 6-12-2000 itself explained their working in detail. He also explained the reasons and circumstances under ....

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....We are unable to accept the submission made. In para 34 of the above judgment, it has been observed :- "34. It would, thus be seen that under provisions of Section 271 of Income-tax Act in the first instance there is discretion with the assessing authority whether to impose any penalty or not and if the assessing authority finds that it is a case for imposition of penalty then it has no discret....