TMI Blog2016 (6) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue, if the appellant gets an opportunity for reconciliation of its figures and satisfy the adjudicating authority for determination of proper tax liability. Accordingly, the appellant is directed to make an application within a month of receipt of this order to the adjudicating authority to fix date of hearing. Proper application of law and proper re-adjudication on such count - Impositi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtend such concession on the facts and circumstances of the case in all fairness. - Appeal remanded back - ST/732/2010 - Final Order No._ 40843 / 2016 - Dated:- 19-5-2016 - SHRI D.N. PANDA, JUDICIAL MEMBER AND SHRI V. PADMANABHAN, TECHNICAL MEMBER For the Appellant Shri M.Kannan, Adv., For the Respondent : Shri K.P. Muralidharan, AC (AR) ORDER Per: D.N. Panda Ld. Couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant is that before investigation, the appellant had deposited an amount of ₹ 37,46,819/-. When huge demand was discharged, the law requires that penalty if any imposable, should only be confined to the unpaid amount. Such basic principle of law could not be appreciated in adjudication. Therefore, there should be a proper application of law and proper re-adjudication on such count. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nciliation of its figures and satisfy the adjudicating authority for determination of proper tax liability. Accordingly, the appellant is directed to make an application within a month of receipt of this order to the adjudicating authority to fix date of hearing. The adjudicating authority shall fix the date of hearing and the appellant without seeking any adjournment shall participate in the proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order that the ld. Adjudicating authority has extended the concessional penalty of 25% of the tax demand. He may also extend such concession on the facts and circumstances of the case in all fairness. As expeditiously as possible, preferably within a period of three months of receipt of this order the authority shall pass a reasoned and speaking order. 7. In the result, appeal is remanded to ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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