2010 (9) TMI 87

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..... ting authority to re-calculate the penalty after considering the contention of the appellant that for the purpose of penalty, December 2006 and March 2007 need not have to be taken into consideration.
MR. B.S.V. MURTHY, MEMBER (T) Chartered Accountant for the Appellant. Shri S.K. Mall, SDR for the Respondent. Per: Mr. B.S.V. Murthy: Shri Bharat Shamlani, The appellant is engaged in providin .....

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..... t relevant and the provisions of Section 73(3) of the Act cannot be applied when there is a short payment of interest and interest is not paid before issue of show cause notice irrespective of the reason. The learned Chartered Accountant, further submitted that penalty has been imposed by considering the delay in payment for 4 months and submits that delay occurred only in the month of November, 2 .....

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..... to the original adjudicating authority to re-calculate the penalty after considering the contention of the appellant that for the purpose of penalty, December 2006 and March 2007 need not have to be taken into consideration. 3. Accordingly, the matter is remanded to the original adjudicating authority, who shall decide the issue afresh in accordance with law, after giving an opportunity to the a .....

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