2014 (8) TMI 545

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..... t. ORDER Learned Counsel submits that against adjudication order dated 31-3-2009 there is a revisionary order passed on 25-3-2011 imposing penalty of Rs. 5,73,561/- under Section 78 of the Finance Act, 1994. The Revisionary Order does not sustain because the appellant has not made any suppression of the fact. BSNL is a public sector and only delayed compilation of accounts prevented the appellan .....

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..... nalize 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 public sector, has not followed any questionable modus operandi to cause evasion. To revert the finding of the Adjudicating Authority the appellate authority did not make any independent inquiry since no material borne by record could b .....

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