TMI Blog2023 (1) TMI 1187X X X X Extracts X X X X X X X X Extracts X X X X ..... ave to be kept in mind and dealt with, and cannot be ignored. In light of the stand taken by the Respondents, the impugned order will have to be quashed and set aside - Accordingly, the writ petition is disposed of by quashing and setting aside the impugned order dated 29 January 2021 passed by Respondent No.2. The proceeding stands restored to file of Respondent No.2, and it will be decided as per law. - WRIT PETITION NO. 4332 OF 2021 - - - Dated:- 23-1-2023 - NITIN JAMDAR ABHAY AHUJA, JJ. For the Petitioner : Mr. V. Sridharan, Senior Advocate with Mr. Somesh Jain i/b. Mr. Sriram Sridharan. For the Union of India : Mr. Ashutosh Misra for Respondent No.1-. For Respondent No.2 ; Ms. Asha Desai, Senior Standing Couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to March 2012 under Section 73 (2) of the Finance Act, 1994. f. I confirm the demand of interest at appropriate rate on the amount of demand confirmed at Sr. No. 8 (e) above and order its recovery under Section 75 of the Finance Act, 1994. g. I impose penalty of Rs. 7,60,25,680/- (Rupees Seven Crore Sixty Lakh Twenty Five Thousand Six Hundred Eighty only) under Section 78 of the Finance Act, 1994. The notice is eligible to avail the benefit of reduced penalty as per the provisions of Section 78 of the erstwhile Finance Act, 1994 on fulfillment of conditions therein. h. I refrain from imposing penalty under Section 76 of the Finance Act, 1994 as discussed in para 7.17 7.18. i. I refrain from imposing Penalty under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epartment on monetary grounds and not on merits. In the circumstances, the case law supra cannot be relied upon as a binding precedent . 5. The learned Counsel for the Respondent No.2 states that instructions have been taken and the Commissioner who had passed the impugned order has expressed that there was an error in taking view as above and the decision in the case of Go Bindas Entertainment Pvt. Ltd. (supra) will have to be kept in mind and dealt with, and cannot be ignored. 6. In light of the stand taken by the Respondents, the impugned order will have to be quashed and set aside. Accordingly, the writ petition is disposed of by quashing and setting aside the impugned order dated 29 January 2021 passed by Respondent No.2. The p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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