TMI Blog2010 (7) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is clearly covered by the provisions of Section 73(3) was of Finance Act, 1994 - applying the provisions of Section 80 of Finance Act, 1994 - the appeal filed by the appellants is allowed by setting aside the penalty under Section 76 of Finance Act, 1994 - ST/216/2009 - A/1018/2010-WZB/AHD - Dated:- 23-7-2010 - Shri B.S.V. Murthy, Member (T) REPRESENTED BY : Shri Abhishek ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore he submits that the proceedings initiated against the appellants should not have been initiated at all in the first place. Further he also relies upon the decisions of the Tribunal in similar circumstances, wherein the Tribunal took a view that penalty imposed under Section 76 cannot be sustained and held that assessee met the requirement of Section 73(3) of the Finance Act, 1994. The c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oncern and they provide manpower service to only one company and the nearest bank to the appellant is 60 k.m. away and he requests taking all these factors into consideration a lenient view under Section 80 of Finance Act, 1994 is also called for. 4. I have considered the submissions. As rightly submitted by the learned C.A., all the precedent decisions cited by him support the case of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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