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2016 (1) TMI 298 - CESTAT MUMBAI

2016 (1) TMI 298 - CESTAT MUMBAI - TMI - Levy of penalty u/s 76 in a review passed by the Commissioner of Central Excise, Customs and Service Tax u/s 84 - Held that:- Since the issue involved in this appeal is before the adjudicating authority on remand from the Tribunal [2010 (12) TMI 89 - CESTAT, MUMBAI], we find that the impugned order in review which imposes penalty under Section 76, also needs to be set aside, as it does not survive when the order in original dated 31/10/2010 is already set .....

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he appeal against order in review passed by the Commissioner of Central Excise, Customs and Service Tax, Aurangabad, under the provisions of Section 84 of the Finance Act 1994 and imposing penalty under Section 76 of the Finance Act 1994. 4. The adjudicating authority vide Order-in-Original No.121/ST/Additional Commissioner/2008 dated 31.10.2008, held the appellant herein is liable to pay service tax, interest and also imposed penalty under Section 78 of the Finance Act 1994. He did not impose a .....

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