2007 (10) TMI 109

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....d by the revenue against the Order-in-appeal No CPA/119/Th-II/2006 dated 1.9-7-2006. 2. Considered the submission made by both sides and perused the records. The revenue is in appeal against the order of the Commissioner (Appeals) on the ground that the ld. Commissioner (Appeals) has set aside the interest and the penalty charged on the respondent. The issue involved in this case is regarding r....

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.... the same reasons there are not very many appeals of this type. That itself shows that the matter was of occasional occurrence in which element means rea cannot be proved which requires deliberate and intentional complicity of the assessee which is not the case here. Order-in-Original does not have enough ground to impose such huge amount of penalty. Also interest deserves waiver." It can be no....