TMI Blog2019 (2) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant had already deposited 25%, though under Section 78, which penalty stands set aside by Commissioner (Appeals) - the penalty imposed under Section 76 is reduced to 25% of the same, which already stands deposited by the appellants - balance penalty is set aside - appeal disposed off. - Appeal No. ST/2158/2012-SM - Final Order No. 50175/2019 - Dated:- 5-2-2019 - Mrs. Archana Wadhwa, Memb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt before Commissioner (Appeals). The appellate authority observed that inasmuch as there was no proposal in the Show Cause Notice to impose penalties under Sections 77 and 78, the imposition of penalties by the adjudicating authority was not justified. He accordingly, set aside the penalties, but upheld the penalty imposed under Section 76, as was the proposal in the Show Cause Notice. 4. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same was payable. There is nothing on record to show reflection of any bona fide on the part of the appellant. As such, he prays for upholding the said penalty. 6. Appreciating the entire facts on record, I find that in terms of the provisions of Finance Act, if an assessee deposits the entire dues along with interest and 25% of the penalty, the penalty imposed under Section 78 is required to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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