THE COMMISSIONER Vs. S/S LUCKY ENTERPRISES

JUDGEMENT

(1.) The appeal filed by the assesse has been allowed by the Tribunal with a finding that sale of one tractor, in the facts and circumstances, was backed by form 38, and an inadvertent error in the form was not sufficient to hold that there was an intention to evade tax. It is on this factual finding that the imposition of penalty has been set aside.

(2.) Learned Standing Counsel has not been able to demonstrate any perversity or error of jurisdiction in the order of the Tribunal.

(3.) The question is accordingly answered holding that the Tribunal was justified in deleting the penalty imposed upon the assessee under Section 54(1)(14) of the U.P. Value Added Tax Act.