Court No. - 33 Case :- SALES/TRADE TAX REVISION No. - 235 of 2002 Petitioner :- Rishi Handicarfts (P) Ltd., Noida Respondent :- The Commissioner Trade Tax, U.P. Lko. Petitioner Counsel :- Kunwar Saksena Respondent Counsel :- S.C. Hon'ble Bharati Sapru,J.
The facts and circumstances of this revision are
the same as Trade Tax Revision No.234 of 2002.
The questions of law framed are as under :-
(1) Whether, on the facts and in the circumstances of the case, levy of
penalty u/s 15-A(1) (o) of the Act was justified ?
(2) Whether, on the facts and in the circumstances of the case, the
quantum of penalty imposed was justified ?
In view of the fact that I have come to the
conclusion that the imposition of tax on the raw-
material was not justified, I am also of the view that
the penalty imposed under Section 15A(1) (o) is
also not justified. The penalty imposed is set aside
by t his Court. The questions are answered in
favour of the assessee and against the department.
This revision is allowed.
Order Date :- 11.1.2010
S.P.