2010 (11) TMI 572

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..... use notice, no notice was required to be issued in view of the provisions of Section 73 for demand of tax and for imposition of penalty for non-payment of the tax - it is a fact that the respondents have not filed the requisite return in time and hence they are liable for penalty of Rs. 1,000/- under Section 77 of the Finance Act, 1994 - Decided against the revenue
Dr. Chittaranjan Satapathy, J .....

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..... or imposition of penalty for non-payment of the tax. As such, the decision of the lower appellate authority to waive the penalty imposed under Section 76 of the Finance Act also does not require to be interfered with, even though the said authority has not spelt out the reasons for such waiver. 4. As regards the penalty under Section 77 for non-filing of the return, it is a fact that the res .....

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