M/S NASIR TRADERS Vs. TRADE TAX TRIBUNAL

JUDGEMENT

(1.) This revision is directed against an order passed by the Tribunal, whereby penalty imposed under Section 48(5) of the U.P. VAT Act, pertaining to assessment year 2008-09, has been reduced to twice amount of goods seized. It transpires on record that assessee was found carrying 7100 Kgs. of scrap, when the vehicle was detained, as against quantity disclosed in bill and bilty of 6000 Kgs. The assessing authority and the first appellate authority imposed penalty to the extent of 40% of the value of entire 7100 Kgs. scrap. This liability is reduced by Tribunal to 20%.

(2.) Learned counsel for the revisionist submits that so far as 6000 Kgs. of scrap is concerned, it was clearly covered by bill and bilty, and penalty could be imposed only upon additional transport of scrap weighing 1100 Kgs.

(3.) Learned Standing Counsel however states that the description of goods in bill do not tally, and therefore entire quantity of scrap was rightly taken into consideration for imposing penalty.