2011 (4) TMI 602

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..... imposing penalty is made out. - Though the Tribunal has not given the reasons for not levying penalty, in the facts and circumstances of the case are satisfied that it is not a case where the assessee can be accused of conducting in such a manner so as to evade payment of tax - As he has paid the duty and interest do not find any justification, to interfere with the order passed by the Tribunal g .....

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..... s effective only from 1-9-1997. In those circumstances the authorities levied the duty and penalty and the assessee was discharged from liability to pay duty on ACP basis. But he paid duty on actuals. But ultimately after a prolonged period of nearly 10 years he accepted the finding of the authority that he is liable to pay on ACP basis and he paid the duty and interest. It is in this context the .....

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..... s not given the reasons for not levying penalty, in the facts and circumstances of the case we are satisfied that it is not a case where the assessee can be accused of conducting in such a manner so as to evade payment of tax. As he has paid the duty and interest we do not find any justification, to interfere with the order passed by the Tribunal granting him the relief of non-payment of penalty. .....

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