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This appeal is filed by the assessee being aggrieved by the order passed by the Addl. Commissioner of Commercial Taxes, Zone-1, Bangalore, in ZAC- ae 1/DWD/SMR-17/09-10 dated 04.07.2009 wherein. in exercise of the power u/s 64 (1 ) of the Karnataka Vatue. Added Tax Act, 2003, it has set aside the order passed by - ' the first Appellate Authority dated 29.09. 2007 setting aside the order passed by the Assistant Commercial Taz Officer holding that when the vehicle i is not stupped, 'there was no duty on the part. of the assessce to produce the documents and therefore that would 'not. | invite imposition of duty or penalty. ae 4