- (1.) Heard Sri Shubham Agrawal, learned counsel for the assessee and learned Standing Counsel for the department in these six revisions.
(2.) These six trade tax revisions filed by the assessee raise common question of law. Therefore, all these revisions have been clubbed together and are being decided by this common judgement.
(3.) Facts in short leading to these six revisions are as follows: The assessee in assessment years 2000-2001 and 2001-2002 in different quarters had committed default in deposit of admitted amount of tax within the time permissible. Therefore, proceedings for penalty under Section 15A (1) (a) of the Trade Tax Act were initiated against the assessee. The assessing authority found that the explanation furnished by the assessee for non-deposit of the admitted amount of tax within the time permitted under the Statute was not satisfactory and therefore, penalty at the rate of 20% of the amount of of tax was levied. Not being satisfied, the assessee filed first appeal which was allowed by the first appellate authority vide order dated 6th April, 2002 and it was held that the explanation furnished by the assessee qua delay in deposit of the tax was bona fide and satisfactory and therefore, levy of penalty was set aside.;