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TMI Blog2010 (9) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... nts assessee becomes liable it cannot be said that penalty must be imposed on the assessee - no substantial question of law - appeal is dismissed - 7 of 2010 - - - Dated:- 9-9-2010 - Deepak Gupta and Sanjay Karol, JJ. REPRESENTED BY : Shri Rajiv Jiwan, Advocate, for the Appellant. [Judgment per : Deepak Gupta, J. (Oral)]. - By means of this appeal the appellant challenges th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taking benefit of the notification. Subsequent to the advice of the department the assessee deposited the entire amount claimed on 15-3-2005, 20-3-2005 and 24-3-2005. Thereafter notice was issued why penalty be not imposed upon the assessee. 3. The assessing authority vide order dated 26-10-2006 dropped the show cause notice. The Revenue filed an appeal and the appellate authority held that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enue to prove mens rea. However, the authority while imposing penalty can take into consideration the fact as to whether the assessee was trying to avoid or evade tax. Avoidance of tax by tax planning is not illegal. If due to certain judicial pronouncements assessee becomes liable it cannot be said that penalty must be imposed on the assessee. The question whether penalty should be imposed in a p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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