HYSUM STEELS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by the assessee being aggrieved by the order dated February 12, 2009 passed by the Additional Commissioner of Commercial Taxes, Zone I, Bangalore in No. ZAC-1:MNG:SMR-04/08-09 T. No. 1151/08-09 wherein the penalty imposed by the appellate authority has been set aside and the order passed by assessing authority imposing penalty at three times the value of tax has been revised and penalty under section 53(12)(a)(ii) of the Karnataka Value Added Tax Act, 2003 has been imposed. The material facts necessary for the disposal of this appeal are as follows :

(2.) We have heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents.

(3.) The learned counsel appearing for the appellant has taken us through the order passed by the original authority, the appellate authority and also the revisional authority and submitted that the deficit in the quantity of M.S. tor steel at the time of inspection has been satisfactorily explained by producing the purchase invoice for having sold the M.S. tor steel en route to Bhatkal to Mangalore at Sheriyar and that the tax collected has already been paid and deposited with the Department. The revisional authority was not justified in imposing the maximum penalty of three times and therefore the order passed by the first appellate authority and the assessing authority were erroneous.