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2018 (2) TMI 901

Clandestine removal - benefit of reduced penalty - Held that: - admittedly the appellant deposited the interest within a period of 30 days along with deposit of penalty of 25%, within the said period, in terms of the Tribunalís order - Deposit under a wrong head also goes to the Revenue only and as such it cannot be concluded that the appellant had not deposited the said interest. - The penalt .....

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lties. Tribunal vide its final Order No.A/309-310/11/SMB/C-IV dated 19.7.2011 observed that if the appellant deposit the interest also along with 25% of penalty within a period of 30 days, the penalty would get reduced to 25%. 2. After the passing of the said order, the appellant deposited the interest along with 25% penalty. It may be noted here that during the pendency of the appeal before the T .....

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he excess refund as claimed by them on account of computation error and restrict the claim only to refund of ₹ 4 lakhs, which was pre-deposited during the pendency of the appeal and in terms of the said order passed by the Tribunal. Learned Advocate also submits that the Revenue has not disputed the deposit of interest and the only ground is that the same was deposited in a wrong head. In su .....

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