TMI Blog2016 (12) TMI 1466X X X X Extracts X X X X X X X X Extracts X X X X ..... eutral situation. There is no specific evidence produced by revenue to allege suppression or the mis-representation on part of the appellant as apparently they have nothing to gain by avoiding or by evading this duty. In view of the above, penalty under Section 78 cannot be upheld - However, the appellant had not disclosed the value of transportation in their ST-3 returns and when the same was poi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant paid the duty and interest thereon. However, they challenged the imposition of penalty under Sections 77 and 78 of the Finance Act, 1994. 2. Learned Counsel for the appellant argued that there was no intention to evade the duty as the situation was revenue neutral. It was argued that they have availed credit of the said Service Tax paid by them on the Goods Transport Agency services a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med by the jurisdictional officer. In view of the above, I find that it is a revenue neutral situation. There is no specific evidence produced by revenue to allege suppression or the mis-representation on part of the appellant as apparently they have nothing to gain by avoiding or by evading this duty. In view of the above, penalty under Section 78 cannot be upheld. However, it is seen that the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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