TMI Blog2018 (2) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... ro Ltd. [2015 (8) TMI 749 - SUPREME COURT], where it was held that - the benefit of Section 80 of the Finance Act, 1994, stand extended to the appellants and penalties stand set aside - appeal allowed - decided in favor of appellant. - ST/MISC/40984/2017 & ST/42060/2016 - 42625/2017 - Dated:- 31-10-2017 - Smt. Archana Wadhwa, Judicial Member Shri S. Ramachandran, Consultant - for the Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5,90,318/- upon the appellant in terms of Section 78 of the Finance Act, 1994. 3. After hearing both sides duly represented by Shri S. Ramachandran, Consultant for the appellants and Shri B. Balamurgan, AC for the Revenue, I note that the appellant was engaged in the construction of a false ceiling on works contract basis with their customers. Revenue entertained a view that such services were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to the said amount and interest of ₹ 3,44,239/- was confirmed. 5. The appellant s contention is that they have already deposited the duty along with interest and there is no challenge to the same. The only contest is to imposition of penalty under Section 78. It is the appellant s contention that during the relevant period, there was lot of confusion in the field and the law came to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erving that the law was finally settled by the Supreme Court decision, the benefit of Section 80 of the Finance Act, 1994, stand extended to the appellants and penalties stand set aside. By following the said decisions, while upholding the confirmation of demand and interest, as not challenged by the appellants, I set aside the penalty imposed upon the assessee. 6. Appeal is allowed to that ext ..... X X X X Extracts X X X X X X X X Extracts X X X X
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