2011 (3) TMI 1262

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....emsp;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 respondents but was not paid to government account. ....

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.... 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 under Section 76 of the Act and therefore, th....