TMI Blog2012 (11) TMI 776X X X X Extracts X X X X X X X X Extracts X X X X ..... f penalty stand imposed u/s 78 imposition of separate penalty under Section 76 is not justified. Thus upholding the imposition of penalty to the extent of 100% under Section 78, the penalty u/s 76 is set aside. Option extended to the assessee to deposit 25% of the penalty within a period of 30 days of passing of impugned order u/s 78 with the penalty shall stand reduced to that amount. Imposi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same within a period of 10 days 3. The matter was adjudicated by the lower authorities who confirmed the demand of Service Tax and appropriated the deposited amount. In addition penalty of identical amount was imposed under Section 76, 78 of the Finance Act, 1994 along with imposition of penalty of Rs.1000/- per day under Section 77 of the Act. 4. Learned advocate appearing for the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not contested by the party. As regards penalty, I find that the Hon ble Punjab Haryana High Court in the above mentioned judgement, has held that if penalty stand imposed under section 78, imposition of separate penalty under Section 76 is not justified. As such, while upholding the imposition of penalty to the extent of 100% under Section 78, I set aside the penalty imposed under Section 76. F ..... X X X X Extracts X X X X X X X X Extracts X X X X
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