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2015 (10) TMI 1055 - CESTAT CHENNAI

2015 (10) TMI 1055 - CESTAT CHENNAI - TMI - Penalty under Section 77 Revenue contends that concessional penalty should not have been granted and penalty under section 77 should have been imposed Respondent contends that service tax liability with all the penalties imposed was discharged.

Held That:- No questionable conduct of Respondent found; Penalty under Section 77 cannot be imposed Appeal of Revenue dismissed and decided in favour of the Appellant. - Appeal No. ST/41393/ .....

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te on which the adjudicating authority has passed order, within three months thereof Revenue has obtained order of Reviewing Authority and come in appeal in accordance with sanction of law under sub-section (2) and (3) of section 84 of the Finance Act, 1994. Therefore, following the law laid down by Apex Court in the case of CCE, Delhi III Vs. M/s. Kap Cones 2015-TIOL-149-SC-CX, Revenue succeeds on limitation. 3. On merit, Smt. T. Mary, Accountant submits that service tax was paid on transport o .....

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