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2008 (8) TMI 153

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..... y liability along with interest even before the issue of SCN - imposition of penalty under Section 76 appears to very harsh – penalty is set aside - ST/81/2008 - 973/2008 - Dated:- 8-8-2008 - Shri T.K. Jayaraman, Member (T) Shri Dayanand, Chartered Accountant, for the Appellant. Ms. Joy Kumari Chander, JCDR, for the Respondent. [Order per: T.K. Jayaraman, Member (T) (Oral)]. - In t .....

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..... ned Advocate that imposition of penalty under Section 76 of the Finance Act, 1994 was not justified. Moreover, my attention was also invited to the Amnesty Scheme, which was prevailing during that time. In terms of the scheme, if the duty liability was discharged before 31-10-2004, the penalty proceedings would be waived. Reliance was placed on certain decisions of this Tribunal and other Tribunal .....

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