ASHWANI KUMAR MISHRA,J. - (1.) This revision has been preferred by the revisionist under section 58 of the U.P. Value Added Tax Act, challenging orders passed by the authorities accepting the explanation submitted by the assessee and thereby waiving the demand of penalty under section 54(1)(14) of the Act. The order passed by the authorities categorically record that there was no intention on part of the assessee to evade payment of tax and in such circumstances, it is held that no penalty could be levied.
(2.) Learned Standing Counsel appearing for the revenue submits that proper records were not maintained by the assessee, and therefore, the authorities have erred in holding that there was no intention on part of the assessee to evade tax.
(3.) Learned counsel for the opposite party on the other hand submits that there was no intention on its part to evade tax and the finding returned by the authorities is not liable to be reappraised in exercise of revisional jurisdiction by this Court.;