2011 (6) TMI 368

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..... duced the penalty & further as per the decision of the Hon'ble Supreme Court, penalty under Section 11AC is mandatory and therefore, it cannot be reduced - matter remanded to the Commissioner (Appeals) for a fresh decision after taking into account the ground raised by the Revenue in the appeal. - 408 of 2007 - 404/2011 - Dated:- 21-6-2011 - B S V Murthy, J. For Appellant: Mr Harish J, JDR .....

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..... whether the penalty is reduced under Section 76 or Section 78 of the Act. He fairly admitted that when read with Para 14 of the impugned order, we get an impression that the penalty is reduced under Section 78, but the fact remains that there is no clarity. 3. The learned Advocate for the respondent submits that an appeal has also been filed by the party. However, on verification of the records, .....

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..... the penalty. Further as per the decision of the Hon'ble Supreme Court, penalty under Section 11AC is mandatory and therefore, it cannot be reduced. This aspect has also not been considered and discussed by the Commissioner (Appeals). Since there is no clarity in the order as the order does not specify under which section penalty has been reduced, the matter requires to be remanded for reconsiderat .....

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