2011 (7) TMI 479

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....ish Jain, DR Per D.N. Panda: Learned Counsel submits that when section 78 of the Finance Act, 1994 (hereinafter referred to as 'the Act' was not invoked, for the categorical finding in para 17 of the adjudication order, levy of penalty under Section 76 of the said Act was not unwarranted. He also fairly states that COD has permitted the Appellant to contest the issue of levy of penalty under....

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....es and perused the records. 5.1 We have examined submissions of the learned Counsel for the appellant. His submission has force and the appellant deserves consideration in the light of provision of Section 80 of the Act. 5.2 Plain reading of Section 80 of the Act suggests that penalty cases of section 76 are covered by the overriding provision of section 80 of the Act. Burden to prove that t....