TMI Blog2009 (8) TMI 634X X X X Extracts X X X X X X X X Extracts X X X X ..... by them. As such, the request for further adjournment is not reasonable and the same is rejected. - the penalty imposed under Section 78 of the Act sustained penalty under Section 76 of the Act set aside - ST/55/2006 - 1047/2009 - Dated:- 10-8-2009 - Dr. Chittaranjan Satapathy, Member (T) and Shri D.N. Panda, Member (J) REPRESENTED BY: None, for the Appellant. Ms. Joy Kumari Chander, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st is sustained. As regards the penalty imposed, we find that the appellants have been imposed penalty both under Section 76 and 78 of the Finance Act, 1994. We take note of the fact that subsequently, amendment has been made under the law making these penalties mutually exclusive. Keeping in view the amendment, we sustain the penalty imposed under Section 78 of the Act and set aside the penalty u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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