- (1.) This revision petition has been filed under Section 86 of the Rajasthan Sales Tax Act, 1994 by the Assessee aggrieved by the order of the Rajasthan Tax Board dated 30/8/2003, whereby, reversing the order of Deputy Commissioner (Appeals) dated 21/5/1998, the learned Tax Board restored the penalty under Section 77(8) of the Act amounting to Rs. 32,900/- on the Petitioner Assessee.
(2.) Section 77(8) of the RST Act, 1994 permits the Assessing Authority to impose penalty equal to the amount of five times of the tax leviable on such goods which are found to be unaccounted for in the Books of Accounts maintained by the Assessee, after giving an opportunity to the Assessee and after holding such further inquiry as it may consider necessary.
(3.) The learned Assessing Authority by the impugned order passed on the same date of survey i.e. 22/11/1997 imposed the said penalty for the alleged sale of 160 bags of 'Urad Dal' for Rs. 1,64,505.60 on the ground that in the stock register maintained by the Assessee, this quantity of 'Urad' was not available with the Assessee and, therefore, the same were 'unaccounted for goods' and attract penalty under Section 77(8) of the Act.;