- (1.) The present Revision has been filed against the Judgment and Order dated 15.3.2001 passed by the Trade Tax Tribunal, Moradabad, whereby the Second Appeal filed by the opposite party-dealer was allowed, and the impugned Orders passed by the authorities below were set-aside and the disputed penalty was knocked off.
(2.) It appears that during the assessment year 1995-96, the opposite party assessee purchased from outside the State, Cable and Light Fittings worth Rs. 3,09,681/- against Form-C. Penalty proceedings under Section 10-A of the Central Sales Tax Act, 1956, were initiated against the opposite party-dealer on the ground that while issuing Form-C for purchase of the aforesaid goods, the opposite party-dealer wrongly declared that it was authorized under its Certificate of Registration under the Central Sales Tax Act, 1956, to purchase the said goods against Form-C. Show-cause notice in this regard was issued to the opposite party-dealer. However, no reply was submitted by the opposite party-dealer.
(3.) By the Order dated 24.4.1999, the Assessing Officer imposed penalty under Section 10-A of the Central Sales Tax Act, 1956, on the opposite party-dealer in respect of the purchased of the aforesaid goods against Form-C. It was, interalia, note in the said Order that despite repeated opportunities, the opposite party-dealer did not submit any reply to the show-cause notice Penalty amounting to Rs. 46,452/- was imposed at the rate of 15% of Rs. 3,09,681/-, i.e., the value of the aforesaid goods imported against Form-C.;