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    <title>2018 (10) TMI 320 - GUJARAT HIGH COURT</title>
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    <description>The Income Tax Appellate Tribunal&#039;s judgment on a penalty exceeding Rs. 50 lakhs under section 35D(3) of the Central Excise Act, 1944 was challenged. The department argued that a single member of the Tribunal lacked authority to address penalties exceeding the specified amount, as mandated by the Act. The respondent did not appear, and discrepancies in the penalty assessment were highlighted. The Tribunal ruled that the single member did not have jurisdiction in cases exceeding Rs. 50 lakhs, setting aside the original judgment and directing the appeal to be heard by a Division Bench as required by law.</description>
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    <pubDate>Thu, 04 Oct 2018 00:00:00 +0530</pubDate>
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      <title>2018 (10) TMI 320 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=368354</link>
      <description>The Income Tax Appellate Tribunal&#039;s judgment on a penalty exceeding Rs. 50 lakhs under section 35D(3) of the Central Excise Act, 1944 was challenged. The department argued that a single member of the Tribunal lacked authority to address penalties exceeding the specified amount, as mandated by the Act. The respondent did not appear, and discrepancies in the penalty assessment were highlighted. The Tribunal ruled that the single member did not have jurisdiction in cases exceeding Rs. 50 lakhs, setting aside the original judgment and directing the appeal to be heard by a Division Bench as required by law.</description>
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