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2016 (12) TMI 1390 - CESTAT BANGALORE

2016 (12) TMI 1390 - CESTAT BANGALORE - TMI - Jurisdiction of Commissioner - power of revision of commissioner when the issue is pending before the Commissioner (Appeals) - imposition of penalty u/s 78 of FA, 1994 - natural justice - Held that: - reliance placed on the decision of the case of M/s Federal Bank Ltd. vs. C.C.E., Cochin [2016 (12) TMI 1271 - CESTAT BANGALORE], where it was held that natural justice is essence of fair adjudication and to be ranked as fundamental - the Commissioner ha .....

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se, Customs & Service Tax, Cochin, vide which the Commissioner imposed penalty of ₹ 1,33,257/- under Section 78 of the Finance Act, 1994. 2. Aggrieved by the said Order-in-Revision, the appellant has filed the present appeal. 3. Briefly the facts of the present case are that the appellant is a Government Company and its factory at Angamally is engaged inter alia in the manufacture of Transformers and allied items. The appellant has undertaken to supply of transformers and allied produc .....

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Section 78 was not imposed, the Commissioner under sub-section (1) of Section 84 of the Finance Act invoked revisionary jurisdiction and issued a notice to the assessee who appeared and submitted that no revision under Section 84 would lie when the issue is pending before the Commissioner (Appeals), but the learned Commissioner after hearing the assessee exercised her power of revision and imposed equal penalty under Section 78 of the Act for suppressing the material facts from the notice of the .....

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