TMI Blog2014 (4) TMI 596X X X X Extracts X X X X X X X X Extracts X X X X ..... enue that the authority has no jurisdiction to reduce the penalty to 25% is ex facie illegal and contrary to the statutory provision. In that view of the matter, there is no merit in this appeal - Decided against Revenue. - C.E.A. No. 85 of 2008 - - - Dated:- 22-9-2011 - N. Kumar and Ravi Malimath, JJ JUDGMENT This is a Revenue s appeal challenging the order passed by the Tribunal lim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The authority could have waived the entire penalty. But once it decides to impose the penalty the Second proviso to Section 78 is attracted. It reads as under :- PROVIDED FURTHER that the benefit of reduced penalty under the first proviso shall be available only if the amount of penalty so determined has also been paid within the period of thirty days referred to in that proviso. Therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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