9911796707
TMI Blog2015 (10) TMI 2782X X X X Extracts X X X X X X X X Extracts X X X X ..... fore him came to be partly allowed and the demand was reduced from Rs. 1,61,577/- to Rs. 74,573/-. As a result of the assessment order passed by the assessing officer, the total demand raised against the appellant was to the tune of Rs. 3,07,245/- which inter alia includes the tax demand of Rs. 99,432/-, interest of Rs. 58,665/- and penalty of Rs. 1,49,148/-. The appellant has paid the entire tax demand of Rs. 99,432/- and interest of Rs. 46,236/- prior to the assessment order. The appellant has also paid an amount of Rs. 12,430/- at the First Appellate stage. Thus, the entire tax and interest has been paid by the appellant. The penalty was reduced in the first appeal from Rs. 1,49,148/- to Rs. 74,574/- and the outstanding demand is only on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut tax credit with respect to such purchases was required to be disallowed as the said vendors appeared to have been involved in billing activity. Thus, the appellant was instructed to make the payment of tax to the extent of input tax credit claimed on such purchases, interest and penalty thereon. The appellant has thereafter made the payment of Rs. 1,00,000/- on 26.12.2013 and Rs. 45,668/- on 27.01.2014. The notice for provisional assessment was served on the appellant on 03.10.2013. The appellant appeared before the assessing officer on various dates and produced all necessary documents. The assessing officer has, however, passed the provisional assessment order on 26.06.2014 disallowing the input tax credit with respect to the transacti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned Government Representative appearing for the respondent, on the other hand, has relied on the order passed by the learned Deputy Commissioner and submitted that considering the facts and circumstances of the case, the penalty was suitably reduced by the learned Deputy Commissioner and there is no scope now for any further reduction. He has therefore submitted that the order passed by the learned Deputy Commissioner should be confirmed. (8) We have considered the rival submissions and the facts of the case. We have also gone through the orders passed by the authorities below and the documents produced before this Tribunal. Since the appellant has not pressed his challenge for disallowance of input tax credit and consequent levy of tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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