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A C T O versus M/S MARUTI ENGINEERING WORK BH

High Court of Rajasthan

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A C T O v M/S MARUTI ENGINEERING WORK BH - STR Case No. 194 of 2005 [2007] RD-RJ 3008 (30 May 2007)

S.B. Sales Tax Revision Petition No.194/2005

A.C.T.O., Ward-II, Anti Evasion, Bharatpur

Vs.

M/s. Maruti Engineering Works, Bharatpur 30.05.2007

Hon'ble Dr. Vineet Kothari, J.

Mr.Brij Sharma for Mr.R.B. Mathur for the petitioner.

Heard learned counsel for the petitioner.

This revision petition is covered by the several decisions of this Court, therefore, the same has been disposed of at this stage.

By concurrent findings of two appellate authorities below, it was found in favour of the respondent-assessee that no penalty under Section 78(5) of the R.S.T. Act was imposable upon the respondent-assessee merely because at the time of checking, though the relevant documents like Bill and Bilty were admittedly found with the goods in transit, but declaration form No.ST-18A filed with the reply before the A.C.T.O.

This Court has held in a number of similar cases that no penalty under Section 78(5) of the R.S.T. Act is imposable in the aforesaid circumstances and no question of law arises against concurrent finding of two appellate authorities below.

Accordingly, there is no force in this revision petition as no question of law arises for consideration under Section 86 of the

Act. The revision petition is, accordingly, devoid of merit and the same is, therefore, dismissed. A copy of this order be sent to the respondent-assessee. [Dr. Vineet Kothari],J.

S.S.

Jr.P.A.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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