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M/S Audi Automobiles vs Cce, Indore on 21 May, 2009

5. On the other hand the learned A.R. for the Revenue contends that under the facts and circumstances the learned Commissioner was not justified in reducing the penalty under Section 78 and the same is fit to be restored and the appeal of the assessee be dismissed. It is further urged that during the course of investigation it was found that the assessee was having one more bank account with Canara Bank, which fact was not disclosed to the Revenue. The same came to light only on 11/11/2009 in the course of inquiry proceedings. It is further stated that the assessee have taken his own sweet time and finally submitted documents like balance-sheet, the statement of contract receipts, ledger account etc. on 11/11/2009. Further the ruling relied upon by the learned Commissioner in the case of Krishna Automobiles Vs. CCE 2011 (23) STR 57 (Tri. Del.) is not applicable in the facts of the present case.
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