2014 (8) TMI 545

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..... d information but also not submitted anything in its defence despite repeated opportunities. The said authority discarding the finding of the adjudicating authority made under Section 80 of the Finance Act, 1994 and proceeded to penalize the appellant under Sections 76 and 78 on the ground of willful contravention of law. Adjudicating authority in Para 4.10 has observed that the appellant, a publi .....

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..... the appellant has not made any suppression of the fact. BSNL is a public sector and only delayed compilation of accounts prevented the appellant to discharge the tax liability with interest. There was no mala fide intention to cause evasion. Considering the bona fide case of the appellant learned Adjudicating Authority invoked Section 80 of the Finance Act, 1994 and dropped the penalty. Therefore, .....

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..... g of the Adjudicating Authority the appellate authority did not make any independent inquiry since no material borne by record could be brought by him to establish his finding and conclusion. 5. In view of the aforesaid observations, dispensing with requirement of pre-deposit, appeal is allowed restoring the adjudication order dated 31-3-2009. (Pronounced in the open Court) - - TaxTMI - .....

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