2018 (6) TMI 115

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..... t herein? - Held that:- It is undisputed that the respondent-assessee has paid all the demand with interest before the issuance of SCN on being pointed out by Revenue authorities. It is also undisputed that the records of the respondent-assessee’s were audited by the audit party regularly during the period in question - if the respondent-assessee discharged the demands as pointed out by the author .....

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..... taken up for disposal even in the absence of any representative from the respondent. 3. The issue that falls for consideration in these appeals of Revenue, is whether the first appellate authority was correct in setting aside the penalty imposed by the adjudicating authority on the respondent herein. 4. Revenue authorities issued a show-cause notice to the respondent for demanding and revers .....

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..... t were audited by the audit party during the relevant period in question i.e. March, 2012 to December, 2012. 5. Learned D.R. would draw my attention to the facts of the case. He would submit that the demands have been raised on the assessee-respondent by invoking extended period which would mean that there was suppression/mis-statement of facts with intention to evade duty. He would submit that .....

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..... pointed out by Revenue authorities. It is also undisputed that the records of the respondent-assessee s were audited by the audit party regularly during the period in question. 6.1 In my considered view, if the respondent-assessee discharged the demands as pointed out by the authorities during verification of the records with interest, provisions of section 11A(2B) would get attracted and show- .....

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..... le Karnataka High Court in the case of CCE Bangalore v. MTR Foods Ltd. 2012 (282) ELT 196 (Kar.) wherein Lordships held that the audit party having audited the records of the assessee during period in question, demand by invoking the extended period is unsustainable. I find the first appellate authority was correct in setting aside the penalty imposed and the impugned order does not require an .....

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