2009 (11) TMI 162

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..... aid the tax together with interest prior to the issue of the show-cause notice. Therefore, the proviso to section 78 will be applicable. In the light of the proviso, set aside the penalty imposed under section 76 and reduce the penalty under section 78 to 25 per cent of the tax amount. The appeal is thus partly allowed. - S/133 OF 2008 - 1771 OF 2009 - Dated:- 18-11-2009 - MS. JYOTI BALASUNDARA .....

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..... ce in the submission of the assessees that penalty both under sections 76 and 78 cannot be imposed for the reason that these two provisions are mutually exclusive. I see further force in the assessee's submission that the liability to penalty has to be restricted to 25 per cent of the service tax amount in the light of first proviso to section 78 which provides that where the service tax as determ .....

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