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2011 (7) TMI 610 - AT - Service TaxWaiver of penalties u/s 78 of the Finance Act 1994 - Held that:- Demand has been set aside by Tribunal by the decision cited wherein the respondent's undertake not to take refund of the amount deposited by them and the Tribunal has held that the whole demand is admitted by respondents, therefore, the penalty u/s 78 is not leviable on the respondents following the decision of respondents own case against the impugned order. Appeal of Revenue dismissed.
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