2010 (2) TMI 233

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..... onfirmed the tax demand to the extent of Rs.74,451/- charged interest under Section 75 and imposed the penalties under Section 77 & 78 of Finance Act, 1994. Held that- I find that the Tribunal’s decision which relied upon the decision of Karnataka High Court is applicable to the present case on facts and therefore, the appeal filed by the appellant is allowed. - ST/125/2009 - A/105/2010-WZB/AHD - .....

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..... 1/- charged interest under Section 75 and imposed the penalties under Section 77 78 of Finance Act, 1994. No penalty under Section 76 was imposed. The appellant consequently paid the tax so demanded along with interest and penalty under Section 78 77. 3. The Commissioner reviewed the aforesaid order of the Assistant Commissioner and imposed penalty under Section 76 of Finance Act, 1994 eq .....

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..... istant Commissioner in his order had exercised the power under Section 80 and did not impose penalty under Section 76 while he imposed penalty under Section 77 78 of Finance Act, 1994. I find that the Tribunal's decision which relied upon the decision of Karnataka High Court is applicable to the present case on facts and therefore, the appeal filed by the appellant is allowed. (Dictated Pron .....

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