- (1.) Heard Mr. Pradeep Agarwal, learned counsel for the revisionist as well as Mr. Rohit Nandan Shukla, learned counsel for the respondent.
(2.) By means of this revision the revisionist has assailed the order dated 26.09.2014, passed by the Trade Tax Tribunal in the Second Appeal No. 226 of 2014, whereby the appeal preferred by the revisionist has been rejected and the order passed by the first Appellate Authority has been set aside. This revision relates to assessment year 2012-13.
(3.) Since the revision has not been admitted till date, same is admitted and is being finally decided on the following substantial question of laws :- "(i) Whether on the fact and circumstances of the case the imposition of penalty under Section 54(1) (14) of the Act, when there was a sufficient compliance of section 50 of the Act and merely the consignment was accompanied with unfilled Form-38 can be terms as intention to evade payment of tax, when the goods are exempt from payment of tax." ;