2015 (7) TMI 349

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..... opinion, this itself is sufficient to take a view that the original authority's decision not to impose penalty is appropriate. However in the case of CST, Bangalore Vs. Motor World [2012 (6) TMI 69 - KARNATAKA HIGH COURT], Hon'ble High Court has taken a view that the revision/review power under Section 84 of Finance Act, 1994 cannot be exercised to review the discretion used by the original autho .....

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..... ssioner by exercising powers vested in him under Section 84 of Finance Act, 1994 and penalties have been imposed under Sections 76, 77 78 of Finance Act, 1994. The appeal is against this decision. 2. During the relevant period, if the builder and developer constructed a residential complex himself and sell the flats to individuals, such activity is not liable for tax. However appellant has pa .....

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