The Tribunal noted that the goods were accompanied by soft of copy of invoice and the genuineness of the transaction was proved by the appellant before the inquiry officer by producing the books of accounts and also the seller concerned.
The seller also confirmed the fact before the inquiry officer that the physical copy of invoice could not be issued due to printer not working, but a soft copy was given to the appellant.
In view of all the facts, Tribunal concluded that no case u/s 51(7)(b) is made out and thus deleted the penalty of Rs 9 lakh approximately.
The judgement can be downloaded herebelow
RAKESH JEWELLERS VS STATE OF PUNJAB
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Tribunal in the case of Rakesh jewellers vs State of Punjab Appeal no. 227 of 2018 dated 22.04.2022 has quashed a penalty u/s 51(7)(b) of Punjab VAT Act which was levied on the ground that goods i.e. 1 Kg Gold Bar was not accompanying the physical copy of invoice at the time of detention of goods.
The Tribunal noted that the goods were accompanied by soft of copy of invoice and the genuineness of the transaction was proved by the appellant before the inquiry officer by producing the books of accounts and also the seller concerned.