Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2016 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (2) TMI 72 - CESTAT KOLKATASimultaneous penalty u/s 76 and 78 - Option of pay reduced penalty @25% - While deciding the issue Adjudicating authority did not impose Sec 76 penalty and also did not give the option of 25% reduced penalty under Sec 78 of the Finance Act 1994 to the appellant - Commissioner of Central Excise, Bolpur also reviewed OIO dt 28/8/2008 & imposed Sec 76 penalty in addition to penalty u/s 78 - Held that:- in the present proceedings simultaneous imposition of penalties under Sec 76 & 78 was permissible as show cause notice in the present case was issued before 16/5/2008 when Sec 78 of the Finance Act 1994 was amended. So for as option of 25% reduced penalty under Sec 78 not given to the appellant is concerned, it is observed from the OIO dt 28/8/2008 that no such option was extended to the appellant. Accordingly it is ordered that appellant shall have an option to pay 25% reduced penalty if all the dues & 25% reduced penalty is paid within one month from the date of receipt of this order. - Decided partly in favor of assessee.
|