2010 (3) TMI 507

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....ppellant has come against the revision order passed by the learned Commissioner under section 84 of the Finance Act, 1994 imposing penalty under sections 76 and 78 of the Finance Act, 1994. The penalty has been imposed under section 76 as that shall be calculated at the rate of Rs. 200 per day for the default period or at the rate of 2 per cent of the tax liability per month. Penalty of Rs. 75,199....

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....id down by the Apex Court in the case of Union of India v.  Dharmendra Textiles Processors 2008 (231) ELT 31. He submits that the service tax was not discharged before issuance of show-cause notice. The independent nature of liability incurred by sections 76 and 78 of the Finance Act, 1994 cannot be ignored. Learned Adjudicating Authority has committed error of law. The Revisionary Authority ....

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....lties, the option exercisable for the concessional penalty cannot be denied. In the fitness of circumstances, the authorities should grant appropriate concession to the assessee if the case warranted for imposition of penalty at all. It is needless to say that the assessee has right to be heard on the concessional penalty itself once imposition of penalty becomes decision of the Authority. Record ....