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ST - Since penalty u/s 77 & 78 was only issue before Commr(A), there is no bar in initiating revision proceedings in matter of penalty u/s 76 - Penalty imposed by revisionary authority u/s 76 upheld, however benefit of cum-tax benefits extended: CESTAT


if penalty under section 78 is dropped, then, penalty under sec 76 will be imposed defaultly

Supposed, in an order penalty both under section 76 and 78 are imposed. but Commr A, set aside penalty under sec 76 only and confirm the rest demand, reason being both these can not be imposed simultaneously. Further, the CESTAT confirm the demand but drop the penalty under Section 78, then will penalty under 76 will be treated as existing or

abhijeet Singh 20/08/2015

 

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