- (1.) Instant sales tax revision petition by the petitioner-Revenue is directed against order of the Rajasthan Tax Board (for short, 'Tax Board') dt.10/04/2008 by which the appeal filed by the Revenue against the order dt.19/10/2005 passed by the Deputy Commissioner (Appeals) [for short, 'DC(A)'] has been dismissed and the order passed by the DC(A) has been sustained. It relates to the Assessment Year 2000-01.
(2.) Brief facts of the case are that a survey was conducted on 19/02/2001 by the Assessing Officer at the business premises of the respondent-assessee and it was noticed that the assessee is dealing in utensils, umbrellas, general kirana goods etc. and during the course of survey at three floors and eleven godowns of the respondent-assessee, on the basis of the books produced and the actual stock found, it was noticed that the total weight of the steel utensils was 7415 Kg. with a value of Rs.5,19,050/- while the goods to the extent of Rs.3, 07,375/- were found recorded in the books of accounts and thus excess stock to the tune of Rs.2,11,675/- was found and accordingly penalty under Section 77(8) amounting to Rs.42,350/-was levied.
(3.) The assessee challenged the matter in appeal before the DC(A) who noticed that the search, seizure and survey was not made in the presence of two independent witnesses and further the goods were not physically counted/weighed and were merely recorded on estimate basis and accordingly deleted the penalty.;