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Home Case Index 2012 (7) TMI Service Tax Tri Service Tax + Tri
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......... penalty is imposable under Section 76 and Section 78 of Finance Act, 1994. Further, the circular issued by the Board on 03.10.07 also provides that where an assessee pays the service tax with interest, no further action need to be taken. In this case, I find that appellant has paid even the penalty and is not even challenging the same. Having regard to the facts and circumstances of this case and the approach adopted by the appellant as seen from the records I find that appellant intended to avoid litigation, to pay the service tax amount as per the advice given by the department and further they have also paid interest. Under these circumstances, I find that this is a fit case for waiver of penalty imposed under Section 76 of Finance Act, 1994 by invoking the provisions of Section 80 of Finance Act, 1994 and accordingly the impugned order is set aside and appeal is allowed by setting aside the penalty under Section 76 of Finance Act, 1994. (Dictated and Pronounced in Court)


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