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TMI Blog2018 (10) TMI 320X X X X Extracts X X X X X X X X Extracts X X X X ..... eed ₹ 50 lakhs - In the present case therefore the single member had no jurisdiction to decide the appeal. Impugned order is therefore set aside only on this ground. Appeal is revived before the Tribunal and shall be heard by the Division Bench of the Tribunal. - R/TAX APPEAL NO. 320 of 2018 - - - Dated:- 4-10-2018 - MR AKIL KURESHI AND MR B.N. KARIA, JJ. For The Petitioner(s) : M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the department before the Tribunal, a ground was taken that the assessee had put on record source of ascertainment of wrong adjustment of ₹ 10,46,184/only as against charge of wrong adjustment to the tune of ₹ 1,43,72,143/. In this context, the contention of the Revenue was that the Commissioner erred in not imposing penalty under section 78 of the Finance Act, 1944, and the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the difference in duty involved or the duty involved; or (b) the amount of fine or penalty involved does not exceed fifty lakh rupees. 3. Thus, the jurisdiction of a single member to decide any appeal before the Tribunal would be limited to the cases where the amount of fine and penalty involved does not exceed ₹ 50 lakhs. In the present case therefore the single member had no jurisdict ..... X X X X Extracts X X X X X X X X Extracts X X X X
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