2007 (4) TMI 138

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..... dated 11-5-2006 which was imposed by order in original under Section 77 of the Finance Act, 1994 as well as for violation of Section 70 of that Act. 2.1 The ld. JDR submitted that the only reason that was cited by appellate authority was that the Respondent sought registration immediately after the impugned period. The said authority also found avoiding nature of the Respondent which should not g .....

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..... the appellate authority below not being reasonable without finding good conduct of the assessee both in past and future, the order called for interference by this forum. 4. The ld. Counsel appearing for the Respondent submitted that the penalty levied was for seeking belated registration and registration having been sought, the ld. Commissioner (Appeal) was just and proper to waive penalty. In s .....

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..... nsidering nature and conduct of the respondent, exonerated them from penalty. No doubt past and future conduct are relevant considerations to decide on the matter of penalty. This case involving a very small amount, the order of the ld. Appellate Authority is upheld in the facts and circumstances of the case. In the result, Revenue does not succeed in the appeal. (Dictated and pronounced in the .....

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