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TMI Blog2014 (9) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... ade substantial deposits and there are legal issues and contentions, which require detailed adjudication and decision. Question of penalty itself would be a matter of debate in view of legal submissions. Judgment of the Supreme Court in Andhra Agencies (2008 (11) TMI 379 - SUPREME COURT OF INDIA) is relied upon by the appellant-assessee. Further, in terms of the certificate issued by M/s Hindustan Petroleum Corporation Limited, they have paid full tax without taking any adjustment in respect of incentives and discounts - stay granted. - Sales Tax Appeal No. 33/2014 - - - Dated:- 7-8-2014 - Sanjiv Khanna And V. Kameswar Rao,JJ. For the Appellant : Mr. Ruchir Bhatia, Advocate. For the Respondent : Ms. Ruchi Sindhwani, Addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 10% of the penalty amount, even when ₹ 4,68,096/- was still available with the respondent-Revenue as refund payable. 3. Normally, we would not have interfered with the order passed by the tribunal, but in the facts of the present case, we deem it appropriate and proper to step in as it is noticeable that the appellant-assessee as per the impugned order had paid tax and interest by way of adjustment of the refunds and the primary tax liability as well as interest stands satisfied in view of adjustments. Further, the case of the appellant-assessee is that M/s Hindustan Petroleum Corporation Limited has paid the full tax on the sale price without taking into account subsequent incentives and discounts issued. Thus, respondent-Revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of penalty itself would be a matter of debate in view of legal submissions. Judgment of the Supreme Court in Andhra Agencies (supra) is relied upon by the appellant-assessee. Further, in terms of the certificate issued by M/s Hindustan Petroleum Corporation Limited, they have paid full tax without taking any adjustment in respect of incentives and discounts. 6. Accordingly, we answer the question of law in favour of the appellant-assessee and against the respondent-Revenue. It is held that the appeal before the tribunal shall be heard without directing the appellant to deposit 10% of the penalty amount. The observations made in this order are for the purpose of disposal of the present appeal. This will not be considered as binding fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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