2011 (10) TMI 75

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..... ence of mala fide of the appellant penalty under Section 78 shall not surviv - Considering the prayer of the appellant matter is sent back to the Adjudicating Authority to consider prayer of the appellant under Section 80 of Finance Act, 1994 - decided in favour of applicant - E/260/2011-SM - - - Dated:- 7-10-2011 - Shri D.N. Panda, J Presence: Shri Tanuj Agrawal, C.A. for the appellant .....

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..... Authority has found presence of essential element of Section 78 76 of the Finance Act, 1994. In absence of mala fide of the appellant penalty under Section 78 shall not survive. Accordingly appeal on that count is allowed. So far as penalty under Section 76 is concerned it is pleading of the learned C.A. that they are entitled to benefit of Section 80 of the Finance Act, 1994, since they have r .....

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