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2011 (7) TMI 259

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..... Kumar, J. - The appeal was admitted to consider the following substantial questions of law:   (i)  Under the circumstances, whether the order of the CESTAT is legal and correct in setting aside the penalties imposed under section 76, section 77 of the Act and allowing the benefit under the Amnesty Scheme?  (ii)  When the respondent has not filed any declaration under the A .....

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..... essee availed the benefit of Amnesty Scheme and the tax liability is determined, then he is not liable to pay any penalty. In that view of the matter, we do not see any merit in this appeal. The order passed by the Tribunal is in accordance with law. Accordingly, the substantial questions of law framed in this appeal are answered in favour of assessee and against the revenue. The appeal is dismiss .....

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