2014 (3) TMI 188

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..... ginal authority adjudicated upon the show-cause notice - provision of sub-section 2 of Section 80, prima facie, inapplicable. In the result, the prayer for waiver and stay in respect of the penalty cannot be acceded to - Stay denied. - ST/2699/2012 - - - Dated:- 15-2-2013 - Mr. P.G. Chacko, J. For the Appellant: Mr. K.K. Varier, Adv For the Respondent: Mr. A.K. Nigam, (AR) ORDER .....

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..... 010, also demanded interest thereon and also imposed a penalty on the assessee under Section 76 ibid, which penalty, however, was not quantified. Aggrieved by the Assistant Commissioner s decision, the assessee preferred an appeal to the Commissioner (Appeals) but that appeal was delayed by 317 days. The appellate authority found that the delay was far beyond the condonable period of delay prescri .....

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..... whether the penalty imposed on the assessee under Section 76 is liable to be sustained. According to the learned consultant for the appellant, this penalty is liable to be set aside, having regard to sub-section 2 of Section 80 of the Finance Act 1994, which reads thus: (2) Not withstanding anything contained in the provisions of Section 76 or Section 77 or Section 78, no penalty shall be impos .....

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