2009 (8) TMI 375

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..... ven by the commissioner (Appeals) on the penalty u/s78 - thus the matter is remand back. - S/138 OF 2007 - 962 OF 2009 - Dated:- 7-8-2009 - MS. JYOTI BALASUNDARAM, VICE PRESIDENT M.S. Krishna Kumar for the Appellant. V.V. Hariharan for the Respondent. ORDER 1. The assessees are aggrieved by the imposition of penalty in terms of section 78 of Chapter V of the Finance Act, 1994. Acc .....

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..... aside the impugned order insofar as it relates to the penalty under section 78, and remit the case for fresh adjudication on the issue as to whether penalty imposed under section 78 of the Finance Act is required to be set aside by application of the provisions of section 80. Fresh orders are to be passed after extending reasonable opportunity to the assessees of being heard in their defence. 3. .....

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