Gujarat High Court
Commissioner vs Unknown on 17 November, 2011
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TAXAP/417/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 417 of 2011
=========================================================
COMMISSIONER,CENTRAL
EXCISE, CUSTOMS & SERVICE TAX - Appellant(s)
Versus
M/S
HEM INDUSTRIES - Opponent(s)
=========================================================
Appearance
:
Ms
NAYNABEN K GADHVI
for
Appellant
None for
Opponent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
and
HONOURABLE
MS JUSTICE SONIA GOKANI 17th November 2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
Revenue
is in appeal against the judgment of the Tribunal dated 6th
August 2010, whereby the Tribunal was pleased to delete the penalty
primarily holding that the lapses; if at all, were procedural in
nature. This being a pure question of fact and also the amount of
penalty being not very large, we are not inclined to interfere with
the same.
{Akil
Kureshi, J.}
{Ms.
Sonia Gokani, J.}
Prakash*
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