YASHWANT VARMA,J. - (1.) Heard Sri N.C. Gupta, learned counsel for the revisionist and Sri A.C. Tripathi, learned counsel for the respondent.
(2.) This revision has been preferred against an order of the Tribunal dated 9 April 2007 which has upheld and affirmed a levy of penalty under Section 13A(4) of the U.P. Trade Tax Act, 1948. A reading of the order of the Assistant Commissioner establishes that a consignment was stopped and seized by the authorities on 14 November 2003. The goods in question were subsequently released in favour of the assessee upon payment of Rs. 14,400/-. The assessing authority however, proceeded to hold that no evidence had been filed or produced by the assessee to establish that the transaction in question was entered in his books of accounts. The Assistant Commissioner consequently proceeded to levy penalty of Rs. 21,600/-. Before the First Appellate Authority also the assessee also did not meet any success. The Tribunal has affirmed the imposition of penalty in light of the order impugned.
(3.) Sri Gupta has drawn the attention of the Court to the grounds of appeal as taken before the First Appellate Authority and has also sought to lay stress upon the enclosures which according to him accompanied the said appeal. He submits that the list of enclosures would establish that the sales register, cashbook and ledger confirming monthly sales had been produced. It was his submission that since the transaction in question stood duly proved and recorded in light of the enclosures appended with the appeal, the levy of penalty under Sub-section (4) would be rendered invalid. In support of his submission, Sri Gupta has relied upon a decision of a Single Judge of the Court in M/s Securipax India Pvt. Ltd. v. The Commissioner of Trade Tax, 2002 NTN (21) 532 to contend that in order to sustain a levy of penalty under Sub-section (4) a specific finding and conclusion must be recorded and arrived at to the effect that the transaction does not stand reflected in the books of accounts. The Court finds itself unable to sustain this submission for the following reason.;