2013 (7) TMI 429

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....h Jain, Advocate For the Respondent: Shri Manoj Kutty, A.R. JUDGEMENT Per: Justice G. Raghuram; The adjudicating authority adjudicated by order dated 15.11.2011 and the appellate Commissioner concurred by order dated 11.04.2012 that the appellant herein is liable to be visited with penalties under Sections 76, 77 and 78 of the Finance Act, 1994. The conclusion of the adjudicating autho....

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....ourse of audit by the Revenue; and much prior to the issue of show cause notice. When the proceedings were initiated for recovery of penalties, petitioner claimed immunity under Section 73 (3) of the Act, the claim went unheeded by the adjudicating authority and by the appellate authority as well. 3. In view of the clear and unambiguous provisions of Section 73 (3) of the Act and in the absence....