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TMI Blog2012 (5) TMI 510X X X X Extracts X X X X X X X X Extracts X X X X ..... manding the matter to the original authority - ST/553 & 559/2006 - ST/241-242/2011(PB) - Dated:- 31-5-2011 - S/Shri D.N. Panda, Sahab Singh, JJ. REPRESENTED BY : Shri Sumit Kumar, DR, for the Department. None, for the Assessee. [Order per : D.N. Panda, Member (J)]. Both sides are in an appeal. Revenue s appeal No. 553/06 is challenging reduction of penalty made by first appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng on 30th March, 2011. On that day, the matter was adjourned for hearing today expecting the assessee shall avail opportunity. 3. Filing the appeal, the appellant remained silent to pursue its remedy. Remaining absent shows that the appeal was filed to abuse the process of law and the assessee proved to be not vigilant. We are conscious that the assessee may suffer by an ex parte order passed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and expenses. Expenses reimbursed was held to be taxable. 5. Being aggrieved by adjudication, the assessee went in appeal. In the first appeal, the first appellate authority held that expenses reimbursed were without any proof. Since the assessee has already discharged tax liability, in the absence of willful intention to evade ld. Commissioner (Appeals) reduced penalty to Rs. 25,000/-. 6. On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . There cannot be a composite penalty since no power of compounding has been vested with the first appellate authority as apparent from statutory provisions. The original authority passed order carelessly without examining statutory provision contained in Section 76 and 78 of Finance Act, 1994 and levied penalty while each section was independent. 9. We noticed that both the authorities have rec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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