At, Customs Excise Service Tax Appellate Tribunal East Zonal Bench Bench, Kolkata
By, THE HONORABLE JUSTICE: P.K. CHOUDHARY
For Petitioner: Ashika Agarwal, CA And For Respondents: A.K. Biswas, Supdt. (AR)
1. The appellant filed this appeal against the payment of appropriate late fee of Rs. 20,000/- for non-submission of each return totaling Rs. 40,000/- for non-submission of returns during the period October, 2011 to March, 2012 and April, 2012 to June, 2012, and penalty of Rs. 10,000/- under Section 77 of the Finance Act, 1994. Heard both sides and perused the appeal records.
2. The main contention of the appellant is that M/s. Pecon Infotech Ltd., amalgamated with the appellant w.e.f. 1-4-2011 by order of the Hon'ble Calcutta High Court. The Registration No. of M/s. Pecon Infotech Ltd. was surrendered on 12-11-2013. The Commissioner (Appeals) observed that after amalgamation, M/s. Pecon Infotech Ltd., had not surrendered the Registration Certificate till November, 2013 and for the intervening period, it has to be considered as a separate business entity. I find from the letter dated 26-3-2012 of M/s. Pecon Infotech Ltd. (Now amalgamated with Pecon Software Ltd.), it has been stated that they had filed the half-yearly returns and paid the tax. In my considered view, after amalgamation of the two companies, by order or the Hon'ble High Court, the said company cannot be considered as a separate business unit. Therefore, the findings of t
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he Commissioner (Appeals) cannot be sustained. Accordingly, the impugned order is set aside and the appeal filed by the appellant is allowed.