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TMI Blog2017 (9) TMI 779X X X X Extracts X X X X X X X X Extracts X X X X ..... . In fact, the detailed investigation of accounts as well as statement of various responsible persons of the appellant only could bring in the quantum of reversal, which should have been done by the appellant. It is well within the knowledge by the appellant and there could be no bonafide in not following the procedure and for submitting incorrect Chartered Accountant's certificate - penalty upheld - appeal dismissed - decided against appellant. - E/942/2006 - Final Order No. 42015 / 2017 - Dated:- 11-9-2017 - Ms. Sulekha Beevi C.S., Member ( Judicial ) And Shri B. Ravichandran, Member ( Technical ) Ms. S. Vishnupriya, Advocate for the Appellant Shri A. Cletus, Addl. Commissioner (AR) for the Respondent ORDER Per B. R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nowledge and the appellant admitted their liability and reversed the same. The original authority quantified such reversal and also confirmed the same along with interest and 25% of amount as penalty. Both Revenue as well as the appellant filed appeals before the Commissioner (Appeals). The impugned order decided the appeals and requantified the amount to be reversed to ₹ 27,94,723/-. Commissioner (Appeals) agreed with the Revenue that the adjudicating authority has erred in reducing the penalty to 25% as the appellant have not paid the quantified amount along with interest and also with the said reduced penalty, within 30 days of the original order. 3. Ld. Counsel representing the appellant submitted that they are not contesting t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w cause notice:- 5. Whereas it appears that investigation conducted with the TPL officials attached to Quality Control, Process engineering and production department were enquired; and statements revealed that M/s. TPL appears to have willfully misstated the facts relating to the consumptions of imported SKO, by clearing more quantity as consumed to earn more concessions even when they were aware of the fact that their declarations were incorrect; and have suppressed the fact that they were including the LR production / sale; and appears to have submitted incorrect Chartered Accountant Certificate, M/s. TPL have cleared the excess duty of processed kerosene to M/s. CPCL along with return kerosene of M/s. CPCL as if the same consumed or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigation of accounts as well as statement of various responsible persons of the appellant only could bring in the quantum of reversal, which should have been done by the appellant. It is well within the knowledge by the appellant and there could be no bonafide in not following the procedure and for submitting incorrect Chartered Accountant s certificate. The production, clearance and accounting details are all within the knowledge of the appellant alone. With the legal provisions applicable to such accounting, we do not find any reason to interfere with the findings of the appellate authority regarding the penalty. In the result, the appeal is dismissed. ( Order dictated and pronounced in open court ) - - TaxTMI - TMITax - Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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