2010 (6) TMI 147

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..... rom litigation without issuance of show cause notice, learned counsel’s averment is correct proposition of law. Therefore, he succeeds in appeal without facing any penal consequence under Section 76 of the Act. Consequently, appeal is allowed. - 916 of 2009-SM - 664/2010-SM(BR)(PB) - Dated:- 23-6-2010 - Represented by:- Reptd. by Shri Jitender Mohan, Reptd. by Shri S.K. Bhaskar, D.R. .....

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..... ts the authority below. 3. There is no dispute that the case is made for realization of short fall and only default period penalty has been called for under Section 76 of Finance Act, 1994. Statutory mandate being to relieve an assessee falling under Section 73(3) of Finance Act, 1994 from litigation without issuance of show cause notice, learned counsel's averment is correct proposition of law. .....

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