Saumitra Dayal Singh, J. - (1.) Heard Sri Suyash Agrawal, learned counsel for the assessee and Sri B.K.Pandey, learned Standing Counsel for the State.
(2.) The present revision has been heard on the following question of law no.(ii) as framed in the memo of revision: (ii) Whether, the Tribunal was correct not to consider that there was no false representation or deliberate act of the applicant by purchasing the M-Seal against Form-C rather purchase of MSeal against Form-C was made in bonafide belief that it was an item of Hardware covered by the Registration Certificate as such no penalty can be imposed?
(3.) The present revision has been filed by the assessee for the A.Y. 1992-93 against the order of the Trade Tax Tribunal, Kanpur passed in second appeal arising from the penalty order under Section 10-A of the Central Sales Tax Act, 1956 (hereinafter referred to as 'the Act'). By order dated 31.01997 (under Section 10-A of the Act) penalty had been imposed @ 15% on the value of goods purchased "M-Seal" being Rs. 1,40,390/-. The assessing officer had reasoned that the assessee's registration certificate under the Act had been issued for small tools, hardware and Portable generating set only. Therefore, it was further reasoned that the commodity M-Seal being not a hardware item and not any other item specified in the registration certificate of the assessee, the assessee had made a false representation in using Form-C against import of M-Seal and therefore, he was liable to be penalized.;