2012 (9) TMI 378

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....sh Jain, D.R.   Per D.N. Panda:   Shri Amresh Jain, learned D.R. contests that once there is liability under appropriate class of Business Auxiliary Service there should be penalty under Section 78 & 76 of Finance Act, 1994. Therefore, to the extent of first appellate order setting aside penalty under Section 76, calls for reversal. On the other hand, contesting appeal of the appel....

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....liability shall be borne by the assessee, cum-tax benefit may be ordered. We do not find any material on record to deny such benefit which calls for recalculation of tax demand. Learned Adjudicating Authority shall recalculate and communicate the demand to the assessee. Interest, if any, shall follow. 4. Penalties were proposed under Section 76, 77, & 78 of the Finance Act, 1994. There is no sc....