2013 (10) TMI 40

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..... tion is filed against Order-in-Appeal No. CCEA-SRT-II/SSP-34/2013-14 u/s 85(4) dated 27.05.2013. 2. Shri Vinay Kansara, advocate appearing on behalf of the appellant argued that in this case, Commissioner (Appeals) has given the benefit of Section 80 of the Finance Act, 1994 and held that appellant has shown the reasonable cause and therefore, penalties imposed under Section 78 were set-aside. It .....

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..... are allowed the demand will automatically become time bar. 4. Heard both sides and perused the case record. It is observed from the provisions contained in Section 80 that the same talks about waiver of penalty under Sections 76, 77 and 78 of the Finance Act, 1994, if reasonable cause is shown by the appellant. The provision of Section 78 talks of the situations like fraud, wilful misstatement a .....

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..... in a period of eight weeks from today and report compliance before Deputy Registrar on 15.11.2013. Deputy Registrar, after verification of compliance will place the file before the bench on 22.11.2013 for further order. Subject to such compliance being reported, there shall be stay on recoveries of remaining amounts till the disposal of appeal. (Dictated and pronounced in the Court)
Case laws .....

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