2018 (1) TMI 377

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Per Mrs. Archana Wadhwa. The challenge in the present appeal is to penalty imposed under section 78 of the Finance Act. 2.   As per facts on record, the appellants were availing the services of foreign commission agents. Demands were raised against them for the period 2004-2008 by way of issuance of a show cause notice dated 24.03.2011 on the ground that they are required to disc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....bmits that there was utter confusion in the field, thus not attributing any mala fide to them so as to attract the penalty provision. He also relies upon various decisions of the Tribunal. 3.   After hearing the ld.DR, I find that the Tribunal in the case of Modern Woolens vs. Commissioner of Central Excise, Jaipur-II [2017 (52) S.T.R. 288 (Tri.-Del.)], in similar circumstances, set a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....-Chennai)] has taken note of the said circular and has observed that though the same has been withdrawn but the same could not lead to the assessee entertaining a bona fide belief. Accordingly, penalties stand set aside. 8. Similarly, in the case of CCE, Ahmedabad v. Sagar Enterprises [2010 (18) S.T.R. 212 (Tri.-Ahmd.) penalties imposed under Section 76 and Section 78 were set aside on the grou....