TaxTMI 
TaxTMI 
2015 (3) TMI 134
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....stice Jayant Patel) 1. The present appeal is directed against the order dated 19.3.2014 passed by the Tribunal, whereby the demand of tax is confirmed, but the interest and penalty imposed are deleted. 2. The Revenue has preferred the present appeal and has formulated various questions, which we find that all do not arise but the only substantial question of law, considering the facts and circum....
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....dhir Mehta, learned Counsel appearing for the Assessee on advance copy, that the issue is already earlier decided by this Court in Tax Appeal No.1284 of 2014 vide decision dated 25.11.2014, wherein it was held that if there is no attempt to evade or avoid payment of tax, the interest or the penalty could not have been imposed. 6. We may record that this Court in the above referred Tax Appeal No.1....
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.... carried forward ITC. The appellant is entitled to claim said ITC for next tax period. As stated above, the appellant is not liable to pay interest on tax demand as the ITC was first required to adjust against the current year liability as per the provision of rule 18 of the Rule. The appellant had sufficient balance of ITC to adjust against the additional tax liability, which aroused due to disal....
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.... of tax........" Under the circumstances, the basic intention of attempting to evade or avoid payment of taxes would be necessary for imposing penalty. 4. When the Tribunal found on facts that in view of availability of input tax credit as against the assessed additional tax, there was no intention on part of the assessee to avoid payment of taxes, no question of law arises. Tax appeal is dismiss....