Vineet Kothari, J. - (1.) Heard learned counsels for the parties.
(2.) This revision petition is directed against the order of Rajasthan Tax Board, Ajmer dated 10.7.2003 whereby the Tax Board upheld the imposition of the penalty under Section 78(5) of the Rajasthan Sales Tax Act, 1994 (for short 'the Act'). The said penalty was imposed by the learned assessing authority vide order dated 22.1.1999 on checking of the goods i.e. Soyabeen Oil in Tanker No. RSG-2601, which was purchased by the assessee - M/s. Balaji Enterprises, Jaipur from M/s. Ashok Trading Company, Satna (MP) vide their Bill No.115 dated 9.1.1999 and were carried in the said Tanker along with GR No.1050 dated 9.1.1999 of M/s. N.K. Transport Company, Jaipur along with prescribed declaration Form No. ST18A. While, the goods were in transit, the assessee entered. into a contract for sale of goods in question i.e. soyabean oil with one M/s. Govind Oil Mill, Gangapurcity. However, since the said M/s. Govind Oil Mill refused to have purchased the goods in question from the assessee and also because with the goods found at the time of checking, was only one Challan No.125 dated 11.1.1999 issued by the assessee - Firm was found with aforesaid three documents, without any sale bill of assessee - Firm, the penalty in question was imposed upon the petitioner assessee. The learned assessing authority further found that no entry in the books of accounts for the said sale in question was made by the assessee.
(3.) Learned Deputy Commissioner (Appeals) rejected the first appeal of the assessee, so also the Tax Board upholding the order of first appellate authority and imposition of the penalty of Rs.84,550/- @ 20% of the value of goods, was upheld.;