2003 (8) TMI 4

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..... against the respondents, which stands duly paid by them. However, he has set aside the personal penalty imposed upon the appellants by observing that the Explanation to Section 117 of the Finance Act, 2000, vide which the levy of Service Tax for the Clearing and Forwarding Agents, was re-validated with retrospective effect. While dropping the penalty, the Commissioner (Appeals) has observed that d .....

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..... td. v. Commissioner of Central Excise, Raipur reported in 2002 (146) E.L.T. 147 (T) = 2002 (51) RLT 1037, has held that in view of the retrospective amendment in the Finance Act, 2000, the demand of Service Tax is sustainable against the assessees, but no penalty can be imposed inasmuch as the retrospective amendment cannot bring about penal, consequences. Inasmuch as the issue is decided, I do no .....

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