2013 (12) TMI 1326

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....for the Respondent. ORDER Shri Kamal Jeet Singh, ld. Counsel is fair to say that his client does not intend to perpetuate the litigation as tax and interest have already been paid. There was no element of any evasion for which no penalty should sustain. Further the appellant is registered under Finance Act, 1994. Therefore, waiving requirement of pre-deposit, appeal may be disposed. 2. Ld....

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....and the adjudication is to be confined to the tax and interest paid by the appellant. There shall be no penalty at all under any of the provisions of the Finance Act, 1994. Even it would not be proper to penalize the appellant under Sections 76 and 78, when the first appellate authority waived the penalty under Section 77 itself. Thus appeal is allowed to the aforesaid extent partly. 3. Before ....