2014 (4) TMI 596

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..... ection 78 of the Act. 2. The grievance of the Revenue is once the adjudicating authority did not exercise its discretion under Section 80 of the Act and decided to impose the penalty, it has no jurisdiction to impose 25% of the penalty which is impossible under law and therefore they want the order of the Tribunal to be set aside. 3. The facts are not in dispute. After the issue of the .....

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..... by the adjudicating authority the second proviso applies and the penalty payable is only 25%. Therefore, the contention of the Revenue 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. Accordingly, the substantial questions of law is answered in favour of th .....

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