JUDGMENT :

1. Heard Shri Mudit Agarwal, learned counsel for the revisionist and Shri Sanjay Sarin, learned Additional Chief Standing Counsel appearing for the respondent.

2. Learned counsels appearing for the parties contend that the issue involved in SALES/TRADE TAX REVISION No. -40 of 2021 and SALES/TRADE TAX REVISION No. -39 of 2021 are the same. As such, the Court proceeds to hear and decide both the revisions together. For convenience, facts of SALES/TRADE TAX REVISION No. -40 of 2021 are being taken.

3. This Court vide the order dated 17.08.2021 had admitted the revision. However the questions of law were not framed.

4. Both the learned counsels state that the questions of law which would be relevant for deciding the controversy involved in the instant revision would be as follows:

"(I) Whether the men-rea on the part of the assessee is an essential pre-requisite condition for imposition of penalty under Section 54(1)(2) of the U.P. VAT Act, 2008?

(II) Whether penalty under Section 54(1)(2) of the Act can be imposed where the assessment is made on the basis of Best Judgment Assessment?

(IV) Whether imposition of penalty of 7 times the total tax imposed towards alleged concealed turn