TMI Blog2019 (9) TMI 243X X X X Extracts X X X X X X X X Extracts X X X X ..... n 78 of Finance Act, 1994 subject to fulfillment of the condition laid down under the said provision. Appeal dismissed - decided against Revenue. - APPEAL NO.ST/88128/2018 - A/86318/2019 - Dated:- 22-7-2019 - Hon ble Dr. D.M. Misra, Member (Judicial) Shri S.B. Mane AC (AR) for Appellant Ms. Nikita Badheka, Advocate for Respondent OR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st of ₹ 24,81,290/-. Consequently, the Show Cause Notice was issued to them on 08.04.2015 for appropriation of the amount paid and imposition of penalty. On adjudication, the amount paid has been appropriated and penalty of ₹ 44,37,239/- was imposed under Section 78 and ₹ 10,000/- under Section 77 (2) of the Finance Act, 1994. Aggrieved by the said order Respondent filed an appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lty imposed under Section 77(2) has been paid. It is her contention that since the Appellant has paid the entire amount of Service Tax alongwith interest at the time of objection raised by Audit and before issuance of Show Cause Notice, therefore the Respondent are entitled to discharge 25% of the penalty as per the provisions contained in Section 78 of the Finance Act, 1994. I find force in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
