(1.) REVENUE filed this appeal against the order of the Commissioner (Appeals) insofar as setting aside of penalty of Rs. 9,620/ - under Section 76 of the Finance Act, 1994.
(2.) LD . DR reiterates the Grounds of Appeal. He submits that penalty under Section 76 of the Act is mandatory and can be waived if the reasonable cause is proved by the party.
(3.) I find that after considering the facts and circumstances of the case, Commissioner (Appeals) set aside penalty imposed under Section 76 of the Act. I do not find any reason to interfere the order of the Commissioner (Appeals). Accordingly, the appeal filed by the Department is rejected.