2007 (10) TMI 228

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....;   1. Revenue has filed this appeal against the impugned order whereby the Commissioner (Appeals) reduced the penalty imposed on the respondents under section 76 and section 78 respectively from Rs. 1,000 and Rs. 8,173 to Rs. 500 and to Rs. 2,000. The original authority had imposed penalties under section 75A, section 76, section 77 and section 78 of the Finance Act, 1994, in additio....

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....al authority sought to be restored is in accordance with law. As regards the penalty under section 78, it is argued that the original authority had imposed an amount of Rs. 8,173 equal to the duty not paid which was lawful. Reduction of this penalty to Rs. 2,000 was against the express mandate of section 78. Section 78 prescribed that the assessee who had not paid the tax was liable to penalty not....