2009 (7) TMI 1075

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... The prayer in the application is to dispense with the condition of pre-deposit of penalty of Rs. 71,307/-, which stands imposed on the appellant in terms of the provisions of Section 76 of Finance Act, 1994, on the ground of non payment of tax for four quarters endings i.e. December 2006, March 2006, June 2007 and September 2007. 2. Learned Chartered Accountant appearing for the appellants submi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... it of Section 80 can not be extended to them. Inasmuch as, Section 76 provides for mandatory penalty of Rs. 200/- per day, the appellants be directed to deposit the entire quantum of penalty. 4. After considering the submissions made by both the sides, I find that it is not a case of new levy, in which case, the appellant can be said to be not aware of the same. Admittedly the appellant is a regi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... enalty. As such, I am of the view that appellants have not been able to make out a good prima facie case in their favour. Accordingly, I direct them to deposit penalty amount within a period of 8 weeks from today and report compliance on 25-9-2009, when their appeal would be taken up for final disposal, after ascertaining compliance with the above order. (Dictated & Pronounced in the Court)
C .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X