RATHI INDUSTRIES LTD. Vs. COMMISSIONER OF TRADE TAX

JUDGEMENT

(1.) The present revision arises from the order of the Tribunal dated March 27, 2003, relating to the assessment year 1996-97. The assessing authority passed the penalty order under section 15A(1)(o) of the U.P. Trade Tax Act, 1948 (called the, "Act" for short) on December 2, 1997 on the ground that on October 1, 1996 when vehicle No. DL.-IG/5076 was intercepted by the trade tax authorities, on physical verification, "twisted ribbed bar" was found, while in the declaration "ribbed bar" was mentioned and on account of the differences in the goods, the same was seized and was released on furnishing of security at Rs. 56,000. The assessee was issued notice which was properly served, but no reply was found. The books of account have also not been produced for the verification. The applicant filed appeal under section 9 beyond time along with an application under section 5 of the Limitation Act. The appellate authority, on March 18, 1999, has rejected the application under section 5 of the Limitation Act and, accordingly, rejected the appeal as barred by time.

(2.) The applicant moved application under section 10B of the Act for revision of the penalty order dated December 2, 1997, under section 15A(1)(o) of the Act. The said application has been rejected by the Deputy Commissioner (Executive) on the ground that against the penalty order the applicant filed appeal which has been dismissed.

(3.) Being aggrieved by the order of the Deputy Commissioner (Executive) dated July 31, 1999, the applicant filed appeal before the Tribunal. The Tribunal has accepted the plea of the applicant that the application under section 10B of the Act was maintainable as' the appeal was rejected as barred by limitation. The Tribunal, however, on merit, 'has held' that the penalty order was not erroneous or improper as at the time of inspection the "twisted ribbed bar" was found, while on the document "ribbed bar" was mentioned and the books of account have not been produced for verification before the assessing authority.