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    <title>2007 (6) TMI 216 - CESTAT AHMEDABAD</title>
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    <description>The Tribunal considered whether a penalty enhancement under Section 76 of the Finance Act, 1994 could survive when the Commissioner (Appeals) had already set aside both the underlying service tax demand and the original penalty. It held that the enhanced penalty lacked justification once the demand and penalty had been annulled at the appellate stage, and therefore interim relief was warranted. The impugned enhancement was stayed pending final disposal of the appeal, as the prior appellate order had removed the basis for further penal action.</description>
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      <title>2007 (6) TMI 216 - CESTAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=33254</link>
      <description>The Tribunal considered whether a penalty enhancement under Section 76 of the Finance Act, 1994 could survive when the Commissioner (Appeals) had already set aside both the underlying service tax demand and the original penalty. It held that the enhanced penalty lacked justification once the demand and penalty had been annulled at the appellate stage, and therefore interim relief was warranted. The impugned enhancement was stayed pending final disposal of the appeal, as the prior appellate order had removed the basis for further penal action.</description>
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      <pubDate>Mon, 18 Jun 2007 00:00:00 +0530</pubDate>
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