COMMISSIONER COMMERCIAL TAX Vs. LOHIA BRASS PVT. LTD.

JUDGEMENT

(1.) Heard Mr. B.K. Pandey, learned Standing Counsel for the revisionist/revenue as well as Mr. Aman Deep Singh Chaddha, learned Advocate holding brief of Mr. Rahul Agarwal, learned counsel for the respondent.

(2.) By means of this revision the revenue has assailed the order dated 23.02.2013, passed by the Trade Tax Tribunal in the Second Appeal No. 332 of 2012, whereby the appeal preferred by the respondent has been allowed and the order passed by the first Appellate Authority has been set aside. This revision relates to assessment year 2011-12.

(3.) Brief facts giving rise to the present revision are that Vehicle No. UA-08E/9398, was intercepted by the Mobile Squad Authority, Commercial Tax, Unit-6, Moradabad on 07.07.2011 and the dealer was found importing goods from outside the State and Form 38 had certain unfilled (blank) column, which gave rise to the apprehension of intention to evade tax. The Assessing Authority issued show cause notice to the revisionist/assessee for levying penalty under Section 54(1)(14) of the U.P. Value Added Tax Act, 2008 (hereinafter referred to as "the Act, 2008"). The assessee filed reply to the show cause notice. The Assessing Authority after considering the reply of the assessee, rejected the explanation and passed assessment order imposing penalty to the tune of Rs.16,34,000/- i.e. 40% of the value of the goods in question.