2018 (2) TMI 901

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.... Shri M. Suresh, DC (AR) - for Respondent ORDER Per: Mrs. Archana Wadhwa After hearing both sides duly represented by the Shri Shailesh P Sheth, learned Advocate for the appellant and Shri M. Suresh, learned Dy. Commissioner (AR) for the Revenue, I find that the proceedings were initiated against the appellant on the allegation of clandestine removal, which stand accepted by them. The du....

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..... However, the lower authorities observed that though the appellant have deposited interest but such deposit was under a wrong accounting head and as such cannot be considered a proper implementation of the Tribunal's order. They accordingly held that the appellant is liable to pay 100% of penalty. The said order of the original adjudicating authority was upheld by the Commissioner (Appeals) and h....

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....rio, the penalty was directed to be reduced to 25%. The deposit of the interest under a wrong head will not wipe away the effect of the deposit and it is to be considered as if the interest amount was also deposited by the assessee. Deposit under a wrong head also goes to the Revenue only and as such it cannot be concluded that the appellant had not deposited the said interest. 7. In the above ....