2015 (11) TMI 1490

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....thorised Representative) ORDER Per : Mr. P. M. Saleem When the matter is taken up for the hearing on date, none appears for the appellants. There is no request for adjournment. The Learned Authorised Representative submits that number of opportunities have been granted to the appellants and when the matter came up on 05/06/2015, this Hon ble bench had granted one more opportunity as a las....

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.... However, a perusal of the OIA reveals that the commissioner (Appeals) has examined the circumstances of the case and has taken a conscious decision to uphold the penalty imposed by the Adjudicating Authority on well reasoned grounds. For better appreciation, the relvant portion of the OIA is reproduced below:- "(11) Now the issue that remains to be discussed is whether they have been abl....

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....dit of an assessee. All the appellants are registered assesses and as admitted by them, they have been filing their returns regularly and following other requirements of law and procedures as laid down. Therefore, it does not lie in their mouth to say that they presumed that the documents were to be kept ready and produced at the time of audit. The letters of Audit are absolutely unambiguous in th....

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....alt with suitably and no leniency is called for. Coming to the quantum of penalty, only a penalty of Rs. 200/- per day of delay has been imposed. In today s high cost economy with a high rate of inflation, an amount of Rs. 200/- per day for this kind of delay is really speaking very nominal amount of penalty. Obviously, this has encouraged the appellants to merrily ignore the requests of Audit tea....