2019 (1) TMI 1501

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.... the present appeal seeking imposition of penalty under Section 76 and 77. The adjudicating authority in the impugned order did not impose penalty under Section 77, however, the penalty under Section 78 was imposed. As regard the penalty under Section 77 though the clear finding was given in para 35 which is reproduced below: "35. Further, I find that penalty has also been proposed under Section....

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.... appearing on behalf of the Revenue reiterates the ground of appeal. 3. None appeared on behalf of the respondent. 4. On careful consideration of the submission made by Ld. AR and perusal of records, we find that it is settled law that penalty under Section 78 as well as 76 cannot be imposed simultaneously. In the present case the penalty under Section 78 has been imposed by the adjudicating aut....