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of <h1>Appellate Authority Cannot Increase Penalty; Original Penalty Restored for Small Taxpayers u/s 76, Finance Act 1994.</h1> The appellate authority does not have the power to increase or impose a fresh penalty. In the case of Ghanshyam Textiles, it was determined that the penalty imposed by the Commissioner (Appeals) was excessively harsh, leading to the restoration of the original penalty amount under section 76 of the Finance Act, 1994. Similarly, in the case of AR Ashish V Patil, the appellant had fully paid the tax and interest, and the revised penalty was deemed harsh. Consequently, the penalty was restored to the originally determined amount of Rs. 4,000 by the adjudicating authority, recognizing the appellant as a small taxpayer.
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