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TMI Blog2011 (7) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... is also no dispute that the order vide which the penalty was imposed has been remanded by the Tribunal to the lower adjudicating authority - there is no question of adjustment on account of penalty. - Decided in favor of assessee. - E/594/04 - Mum - - - Dated:- 13-7-2011 - Shri S.K. Gaule, J. Appearance Shri T.C. Nair, Advocate, for Appellant Shri V.K. Singh, SDR, for Respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the adjustment of penalty imposed on them against the refund claim before the Commissioner (Appeals) who in turn upheld the order stating that the adjustment of demand against refund amount is permissible. Aggrieved by the same, the appellant is in appeal. 4. Contention of the appellant is that at that time of adjustment of confirmation of demand and penalty of Rs.10 lakhs was under challenge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s proper and legal. However, there is also no dispute that the order vide which the penalty was imposed has been remanded by the Tribunal to the lower adjudicating authority. The order imposing penalty does not exist now. Therefore, there is no question of adjustment on account of penalty. In view of the above, the order-in-appeal is set aside and the appeal is allowed with consequential relief. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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