TaxTMI 
TaxTMI 
2015 (7) TMI 390
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....pellant has challenged the judgment of the Customs, Excise & Service Tax Appellate Tribunal ("the Tribunal" for short) dated 27-6-2014 raising the following questions for our consideration : "1. Whether the Tribunal was justified in not dropping the penalties when duty and interest was voluntarily paid before the issuance of notice and adjudication in this case? 2. &....
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....Section 80 of the Finance Act, 1994 was repelled. The appellate authority also confirmed the decision of adjudicating officer. In further appeal before the Tribunal it was argued that the appellant had already paid tax before issuance of notice. The penalties therefore, ought to have been waived. The Tribunal noted that there was no dispute about the duty liability with respect to the business aux....
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.... thereafter, the assessee agreed to pay the same. In that view of the matter, features of Sections 76, 77 and 78 of the Act were applicable. The only question was whether the assessee could get the benefit of Section 80 of the Finance Act, 1994 which reads as under : "80. Penalty not to be imposed in certain cases. - Notwithstanding anything contained in the provisions of Section 76, Section....