TMI Blog2016 (8) TMI 1259X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 78 of Finance Act, 1994, like all other penalties in tax statutes, is personal to the alleged offender. It is well-settled that penalties cannot be visited upon a person who has ceased to exist. The declarant had expired when the adjudicating authority decided the matter and penalty was not liable to be imposed at that stage - appeal is allowed by setting aside penalty - decided in favor of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sclosed receipts on rendering of taxable service but had allegedly not included ₹ 1,50,066/- which was claimed to be discharged tax liability during the declaration period. This claim was not found acceptable leading to confirmation of tax of ₹ 5,83,650/-, interest of ₹ 67,055/- and penalty of ₹ 5,83,650/- under Section 78 of Finance Act, 1994. The notice was issued on 1st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es is taken up for disposal. 5. Declarant is a Chartered Accountant who opted to declare unpaid taxes under the scheme supra. Though he had declared ₹ 4,33,584/- and discharged half this amount on 31st December, 2013 with the remaining half in December, 2014, the amount allegedly short-declared was also paid up well before the date for final amounts under the scheme. 6. Learned Authori ..... X X X X Extracts X X X X X X X X Extracts X X X X
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