2013 (10) TMI 93

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....nt which was pointed out during audit. When the short payment was pointed out, the applicant paid entire tax amount along with interest. Subsequently, show cause notice was issued for demanding tax along with interest and penalty. The adjudicating authority confirmed the demand along with interest and imposed 25% of the tax demanded as penalty under section 78. Revenue filed appeal contending that....

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....efore, penalty imposed by Commissioner (Appeals) is not sustainable. Therefore, he prays that his appeal may be admitted without any pre-deposit. 4. Opposing the prayer, Ld. AR for Revenue submits that it is very clear that the order of the adjudicating authority was not as per the provisions of section 78 of Finance Act ,1994. Further, adjudged penalty was not paid within 30 days of receipt of t....