ASHWANI KUMAR MISHRA,J. - (1.) With the finding that the assessee at the time of seizure was actually carrying Wooden Planks without any valid documents, whereas the commodity disclosed in the records was broken glasses, the Tribunal has reduced penalty by a sum of Rs. 39,144/- to reduce penalty to Rs. 17,856/- under Section 13-A(4) of the Act. Elaborate reasons have been given by the Tribunal based upon materials brought on record. Subsequently, documents have been produced in respect of Wooden Planks also consisting of Invoice and Form-C.
(2.) Tribunal although has reduced the penalty but to the extent penalty is maintained, the assessee is aggrieved and has approached this Court. Learned counsel for the revisionist states that assessee is a registered dealer, which is engaged in manufacture and sale of Glass and Timber. It is stated that in respect of the Wooden Planks also, Form-C has been produced along with Invoice and therefore there was no intention on part of the assessee to evade payment of tax. Submission is that transaction is otherwise reflected in the books of accounts. 3.
(3.) Learned Standing Counsel supports the order for the reasons recorded therein.;