BIHAR SPONGE IRON LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application has been preferred by the petitioner-company for the following reliefs:-

(2.) The facts of the case lie in a short compass. A team of officers of the Commercial Taxes Department made an inspection of the petitioner's factory on 13.05.2010 and prepared an inspection report in which, besides other allegations at page-4 of the inspection report, it was stated that the entries in the books of account of the goods purchased in the year 2010-11 namely the raw materials, iron ores, coal and dolomite have not been made and consequently the goods were seized under the provisions of Section 70(5)(a) of the JVAT Act 2005. Proceeding was also initiated under Section 40(2) of the JVAT Act 2005, but in the present case, the petitioner is not concerned with that proceeding in as much as the proceeding under section 40(2) was held to be bad in law by the Tribunal in the same impugned order and the levy of penalty under section 40(2) was also set aside.

(3.) The learned senior counsel for the petitioner submits that from perusal of the first part and last part of the show-cause notice dated 13.05.10, the following things are evident: