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TMI Blog2018 (8) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... the office of the Commissioner (Appeals) informing them of the deposit of ₹ 7,29,700/- through various challans. The copies of such challans have also been produced before this Tribunal - Matter to the Commissioner (Appeals) to verify and appropriate the deposited amount. Penalty u/s 78 - Held that:- There is no material on record to establish fraud, collusion, willful misstatement or sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation order confirmed the demand of tax along with interest and imposed penalty of equal amount of demand under Section 78 and of ₹ 10,000/- under Section 77 of the Finance Act, 1994. On appeal, the Commissioner (Appeals) upheld the adjudication order. Hence, the present appeal. 2. The ld. Counsel for the appellant stated that the Adjudicating Authority had erred in calculating the figur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of records, I find that the appellant had submitted a letter to the office of the Commissioner (Appeals) informing them of the deposit of ₹ 7,29,700/- through various challans. The copies of such challans have also been produced before this Tribunal. Therefore, I remand the matter to the Commissioner (Appeals) to verify and appropriate the deposited amount. So far as penalty under section 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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