2013 (4) TMI 629

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....akumar, Addl.Commissioner (A.R.) JUDGEMENT Per: M.V. Ravindran: This appeal is directed against Order-in-Appeal No.23/2011(Ahd-III)/KCG/Commr.(A)/Ahd, dt.25.02.2011. 2. The relevant facts that arise for consideration are that the appellant herein was undertaking construction of civil structures and erection of specific equipments based upon the contract agreement entered with BSNL. Dur....

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....aised and also demanded the interest and appropriated the amount which has been paid by the appellant. The adjudicating authority has dropped the proceedings initiate for imposition of penalties under Sections 76, 77 & 78 of Finance Act, 1994. Aggrieved by such an order, the Revenue filed an appeal before first appellate authority seeking to set aside the order of dropping the proceedings for impo....

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.... of show cause notice. At this stage, to penalize an assessee who on his own has approached the Department to rectify his lapses would act as a discouraging factor for all such assessees who would like to come forward for tax compliance. Hence, according to my belief, the case is fully covered for waiver of penalty under Sections 76, 77 & 78 of Finance Act, 1994. 5. It can be seen from the abov....