2008 (7) TMI 327

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....dvocate, for the Appellant. Smt. Joy Kumari Chander, JCDR, for the Respondent. [Order per : S.L. Peeran, Member (J) (Oral)]. - The stay application and appeal are taken up together for disposal as per law, as the issue is covered by the judgment rendered by this Bench in the case of M/s. Reach Events Management and 14 others vide Final Order Nos. 805 to 819/2008, dated 9-7-2008 [2009 (14) S.....

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....ssioner reviewed the matter on recall and enhanced the penalty under Section 78 of the Finance Act and also imposed penalties under Sections 76 and 77 of the Act, which is under challenge. 2. The learned Counsel submits that same situation arose in the batch matters where Final Orders have been given by this Bench and noting the similar grounds, the Tribunal has set aside the penalties imposed ....

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....efore, the High Court restored the penalty. Both these orders have been discussed at length in the ruling of Majestic Mobikes Pvt. Ltd. He submits that the judgment of the batch orders referred by him would apply to the facts of this case. 4. We have carefully considered the submissions and have perused the judgments. We find that the issue is fully covered in assessee's favour in terms of the ....