YASHWANT VARMA,J. - (1.) Heard learned counsel for the revisionist and the learned Standing Counsel.
(2.) This revision is directed against an order imposing penalty of Rs. 31,510/- for alleged violation of the provisions of Section 28-A of the 1948 Act. Sri Agrawal, learned counsel has submitted that both the assessing authority as well as the Tribunal have failed to record any finding in respect of how an intent to evade payment of tax was evidenced and that therefore the imposition of penalty is illegal.
(3.) As this Court reads the order of the assessing authority, it notes that when the vehicle was seized it was found that the revisionist-assessee was transporting 6.630 metric tonne zinc scrap which had not been disclosed. It was in view of the above that proceedings for imposition of penalty on the revisionist was undertaken.;