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2008 (8) TMI 249 - CESTAT NEW DELHIAdjudicating authority confirmed the demand of Rs. 3,567/- but imposed penalty of Rs. 24,792/-. On appeal by the assessee, the Commissioner (Appeals) reduced the penalty to Rs. 3,567/- i.e. equal to the amount of service tax. Section 76 of the Finance Act, 1994 lays down in clear terms that penalty shall not exceed the service tax payable - order of the Commissioner (Appeals) is in accord with the provisions of Section 76 and therefore, requires no interference by the Tribunal.
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