- (1.) Heard Sri U.K. Pandey on behalf of the Department. Nobody is present on behalf of the assessee.
(2.) This revision is directed against the order of the Trade Tax Tribunal, Kanpur dated 28.02.2007 passed in second appeal no. 244 of 1997 connected with other appeals in so far as it has set aside the penalty imposed under Section 4B(5) of the U.P. Trade Tax Act in respect of the assessment year 1992-93. The Tribunal under the order impugned has dismissed the appeal filed by the department and has allowed the appeal filed by the assessee.
(3.) For the assessment year 1992-93 proceedings under Section 4B(5) were initiated against the assessee and vide order dated 4.1.1997 penalty to the tune of Rs.48,324 was levied. It was recorded that the assessee had purchased plastic granules the raw material and claimed complete exemption from tax under form 3B. The purchased granules were not used for manufacture of packing material instead for manufacturing plastic goods namely plastic bottles and plastic jar. Accordingly, notice was issued under Section 4B(5). After considering the explanation submitted by the assessee it was found that the assessee had not manufactured plastic packing material but has manufactured plastic goods and therefore penalty to the tune of Rs.48,324 was imposed. Not being satisfied, the assessee filed first appeal before the Deputy Commissioner, Appeal, the appeal was partly allowed vide order dated 31.3.1997. The quantum of penalty was reduced to Rs.24,162.;