Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2016 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (1) TMI 480 - CESTAT MUMBAILevy of penalty - first appellate authority has reduced the penalty imposed under Section 78 to 25% of the tax liability and also set aside the penalty imposed under Section 76 for the period September 2007 to 9th May 2008 relying upon the provisions of Section 78 of the Finance Act, 1994 - Held that:- it is settled that the judgement on a particular issue which passed by a Jurisdictional High Court, judicial discipline needs to be followed in preference to any other judgements. In view of this, I find that the impugned order which extended the benefit of 25% of payment of penalty to the respondent is incorrect and liable to be set aside and I do so. As regards the simultaneous penalties imposed under Section 76 and 78 for the period September 2007 to 9th May 2008, I find that the respondent is required to discharge the penalty under Section 76 and 78 of the Finance Act, 1994 as per the judgement of the Apex Court in the case of Board of Control for Cricket in India [2015 (1) TMI 856 - SUPREME COURT]. Decided in favor of revenue.
|