1. The petitioner is an assessee to Sales Tax. We are concerned with the assessment year 1977-78. The business premises of the petitioner was inspected on 29-3-1978. Excess stock of 4130 Kgs. of copra was found. So also, an excess stock of 317 Kgs. of coconut oil was found. The total value of the unaccounted stock was fixed at Rs. 32,080/-. Proceedings under S.28(8) of the KIST Act were initiated. The first respondent levied a penalty of Rs. 16,040/- being 50 per cent of the value of the unaccounted stock. This is evidenced by Ext.P2 order dated 31-8-1978- In revision, the Deputy Commissioner of Agrl. Income-tax and Sales-tax fixed the value of the unaccounted stock at Rs. 28,910/- and on that basis limited the penalty to a sum of Rs. 14,455/-. In further revision, the Board of Revenue, by Ext. P5 order dated 1-4-1980, affirmed the decision of the Deputy Commissioner. At the same time, the Board of Revenue initiated suo mote proceedings and by a separate order dated 1-4-1980, passed under S.37 of the KGST Act. cancelled the order passed by the Deputy Commissioner dated 30-7-1979 and restored the penalty levied by the Intelligence Officer, evidenced by Ext. P2 dated 31-8