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    <title>2017 (5) TMI 1204 - CESTAT NEW DELHI</title>
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    <description>The Tribunal partially allowed the appeal by the Revenue, holding that penalties under both Section 76 and Section 78 of the Finance Act, 1994 were imposable for the period before 10.5.2008. It was concluded that post-amendment, only one penalty would apply. The matter was remanded for separate determination of penalty amounts for each period and upheld the respondent&#039;s entitlement to a 75% penalty waiver under the First Proviso of Section 78. The impugned order was modified, and the issue of penalty under Section 76 was remanded for fresh adjudication to ensure due process.</description>
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    <pubDate>Thu, 27 Apr 2017 00:00:00 +0530</pubDate>
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      <title>2017 (5) TMI 1204 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=343466</link>
      <description>The Tribunal partially allowed the appeal by the Revenue, holding that penalties under both Section 76 and Section 78 of the Finance Act, 1994 were imposable for the period before 10.5.2008. It was concluded that post-amendment, only one penalty would apply. The matter was remanded for separate determination of penalty amounts for each period and upheld the respondent&#039;s entitlement to a 75% penalty waiver under the First Proviso of Section 78. The impugned order was modified, and the issue of penalty under Section 76 was remanded for fresh adjudication to ensure due process.</description>
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      <pubDate>Thu, 27 Apr 2017 00:00:00 +0530</pubDate>
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