2010 (4) TMI 461 - AT - Service Tax

Penalty - For failure to pay service tax. Commissioner (Appeals) upheld penalty imposed u/s 76. Held that - since penalties u/s 76 and 78 are mutually exclusive penalty imposed u/s 76 was to be set aside.

Summary

The Appellate Tribunal CESTAT, Chennai overturned a penalty of Rs. 1,20,000 imposed on the assessees under section 76 of the Finance Act, 1994. The penalty under sections 76 and 78 was found to be mutually exclusive, leading to the penalty under section 76 being set aside. The appeal was allowed.