2010 (8) TMI 732

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....ate, for the Respondent. [Judgment per : N. Kumar, J.]. - This appeal is by the revenue challenging the order passed by the Tribunal which held that benefit granted by the Commissioner of Appeals in terms of the Board's circular is in order and that as the duty had been paid before the issue of show cause notice, no penalty could be imposed under the Act. 2. The dispute between the p....

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.... If the duty had been paid prior to the issue of show cause notice, the view that prevailed at that point of time was that no penalty could be imposed. Now that is not found favour by the Apex Court. The question is not, when the duty is paid, but the question is to avoid liability to pay penalty whether the conditions prescribed in Section 11AC of the Act exist or not. Therefore, whether duty is ....

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....o issues, when the benefit is extended in terms of the Board's circular, still whether the authorities can deny the benefit contrary to the Board's circular, requires re-examination. Similar is the case in so far as interest is concerned. In that view of the matter, it would be appropriate to set aside the entire order and remand the matter back to the Assessing Authority for fresh consideration o....