2010 (10) TMI 129

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..... w are present - adjudication order does not disclose any mala fide of Assessee no penalty shall be exigible in view of the provision contained in Section 80 of the Finance Act, 1994 - cases of the Revenue are dismissed. - ST/751-752/2010-SM(BR) - 1220-1221/2010-SM(BR)(PB) - Dated:- 27-10-2010 - Shri D.N. Panda, Member (J) REPRESENTED BY : Shri Anil Khanna, SDR, for the Appellant. .....

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..... ction 76 of the Finance Act, 1994 was invoked. The adjudication order also does not disclose the reason why penalty should be imposed and whether the elements of penal consequence of law are present. Ld. Commissioner (Appeals) appreciated that the Cenvat Credit issue under Finance Act, 1994 was contentious for the reason of the initial stage of development of law by the composite Rules of Cenvat C .....

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