2010 (5) TMI 20

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ram: Hon'ble Mr.D.N. Panda, Judicial Member Per D.N. Panda: 2. Revenue being aggrieved by waiver of penalty has come in appeal challenging the findings of the learned Commissioner (Appeals) made in para 4 of the appellate order. According to the learned DR, for no good reason section 80 of the Finance Act, 1994 is invokable in this case to waive penalties. When the learned Adjudicating Au....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e cause for exonerating penalty for each breach.  Section 80 of the Finance Act, 1994 has two elements to satisfy before grant of relief under that section. The first element is that there should be cause to envoke that section. Secondly the cause should be reasonable one. Unless a speaking order is passed to show that the cause stated if any, is abled by good reason, section 80 does not oper....