Demand for Penalties Invalidated; Section 80 Waiver Unnecessary as Issues of Legality and Competence Are Irrelevant.

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....Levy of penalty - The entire demand is held to have wrongly been confirmed. Once the very basis of confirmation of demand goes, the question of legality of enhancement and question of competence to enhance thereof without affording opportunity of hearing to the appellant becomes redundant. Similarly the question of invoking Section 80 waiving off the penalties of Section 70, 76 and 77 of the Finance Act, 1994, becomes redundant. No purpose left anymore for remanding the matter. - AT....