TMI Blog2010 (8) TMI 191X X X X Extracts X X X X X X X X Extracts X X X X ..... ification No. 13/2003 - Held that: - assessees are not correct in contending that they had not received any amount as it is an admitted position that a meager amount of commission was received, the other argument that in the light of the Tribunal's order cited supra - set aside the penalties under Section 76 and 78 by holding that reasonable cause has been made out in terms of Section 80 of the Fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise, Jalandhar v. Garage Tools Corporation [2009 (14) S.T.K. 824 (Tri.-Del.)]. The learned counsel for the appellants therefore submits that it cannot be said that there was any intention to evade payment of duty so as to invite penalty under Section 78. The benefit under Section 80 of the Finance Act, 1994 is therefore claimed both in respect of penalty under Section 78 as well as under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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