CCE Vs. S.S. ELECTRONICS

JUDGEMENT

(1.) HEARD both sides and perused the records.

(2.) The Revenue filed this appeal against the order of the Commissioner (Appeals) whereby penalty under Section 76 of the Finance Act was set aside.

(3.) ON a perusal of the impugned order, I find that the Adjudicating Authority imposed penalty under Section 75 -A, 76 and 77 of the Finance Act, 1994. The Commissioner (Appeals) modified the adjudication order in so far as penalty under Section 76 of the Act was set aside on the ground that the respondent deposited the tax before issue of show cause notice. I find that penalty under Section 76 of the Act cannot be set aside merely on the ground that the assessee deposited the tax before issue of show cause notice.