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TMI Blog2011 (5) TMI 810X X X X Extracts X X X X X X X X Extracts X X X X ..... applicable, Appeals are dismissed - ST/187, 188/2010 - - - Dated:- 24-5-2011 - SHRI S.S. KANG, J. Appearance: Shri Indranath Nag, Chartered Accountant for the Appellant (s) Shri A.K.Sharma, Authorized Representative (JDR) for the Revenue (s) Per Shri S.S.Kang. 1. Common issue is involved in both the Appeals therefore are being taken up together. 2. The Appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case of M/s.N.C.Banerjee Co. vide final order No.S-274/A-423/KOL/2010 dated 08.07.2010 whereby the Tribunal in a similar situation upheld the demand of interest. 5. I find that the Hon'ble High Court at Calcutta vide order dated 22.05.2003 held as under:- However, considering the fact that due to the interim orders passed by this Court, the petitioners did not take any step in complia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is made specifically clear that the petitioners shall be liable to pay interest in accordance with law for the delayed compliance of the statute from the date it became applicable. It is made clear that the benefit of the order shall not be available to the non-petitioners. Save as aforesaid, all interim orders are vacated and the petition is dismissed. 6. A reading of the order passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . ST/188/2010 filed by M/s.J.Chakraborty Co., Chartered Accountants, in addition to the interest, penalty under Section 75A of the Finance Act is imposed. In view of the above-mentioned order passed by Hon'ble High Court at Calcutta Appellants are not liable for any penal action. Therefore the penalty imposed on M/s.J.Chakraborty Co. under Section 75A of the Finance Act is set aside. 8. Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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