2011 (3) TMI 1262

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....)]. - None for the Respondent. 2. Revenue is in appeal being aggrieved by the first appellate order granting relief to the respondent in respect of penalty imposed under Section 76 to the tune of Rs. 1,11,299/-, penalty of Rs. 1,000/- under Section 77 of the Finance Act, 1994. 3. The learned DR Shri Sumit Kumar brings out that in this case, taxes were collected by the respondent....

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.... account of any deliberate attempt on his part to delay the payment that as stated by him before the Adjudicating Authority the delay could have occurred at the hands of Shri Anil Jain, the Chartered Accountant whom he had employed for this purpose. Therefore, in the facts and circumstance in the case as narrated above, I am of the considered opinion that no penalty can be imposed on the appellant....