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2009 (12) TMI 445 - CESTAT, BANGALOREPenalty - . The demand had been raised based on the ledger account of the appellant which showed raising of credit notes to its customers. Commissioner (Appeals) upheld penalty under section 77 and set aside penalty imposed under section 78, but no order was passed as regards equal amount of penalty imposed u/s 76. held that - matter is remand back to original authority for discussing the penalty.
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