2025 (12) TMI 359

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....on judgment treated SALES/TRADE TAX REVISION No. - 449 of 2015 as leading case. 3. Present revision has been filed against the order dated 26.6.2015 passed by the Commercial Tax Tribunal Ghaziabad in Appeal No. 294 of 2007 for the assessment year 2004-05, penalty proceeding initiated under section 13-A(4). The revision was admitted on 30.9.2015 on the following questions of law: "A- Whether the Tribunal was legally justified in confirming imposition of penalty u/s 13-A(4) of the U.P. Trade Tax Act, 1948 when the transaction in question was duly disclosed in the monthly return and this fact was not rebutted or disputed by the lower authority? B- Whether the Tribunal erred in law in confirming imposition of penalty u/s 13....

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....ct the penalty order was passed holding that the transaction was not duly recorded in the books of account which has been affirmed by the Tribunal. In support of his submission he has relied upon the judgment of this Court in Salex/ Trade Tax Revision No. 183 of 2022 (M/s Sonu Metal Store vs. The Commissioner of Commercial Tax of U.P. Lucknow) decided on 21.11.2025 and Salex/ Trade Tax Revision No. 105 of 2025 (M/s Randeep Singh Steel Private Limited vs. The Commissioner of Commercial Tax of U.P. Lucknow) decided on 20.11.2025. 5. Per contra, learned ACSC supports the impugned order. 6. After hearing the learned counsel for the parties the Court has perused the record. 7. Record shows that after seizure of the goods in question, pe....

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....ase in hand, nothing has been brought on record to show any inspection/survey was conducted after the seizure of the goods. It is a matter of common knowledge that the books of account of the assessee are always verified at the time of assessment or the provisional assessment. In the case in hand, neither any provisional assessment proceedings were initiated, nor any survey or search was conducted at the business premises of the revisionist. Therefore, the inference drawn only on the basis of seizure of the goods that due entries were not made in the books of account cannot be justified. 9. This Court in the cases of M/s Randeep Singh Steel Private Limited (supra) and M/s Sonu Metal Store (supra) has specifically held that no adverse inf....