TMI Blog2008 (8) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... reach of trust committed by their sub-agents - major part of the service tax had been paid before issue of SCN and the balance amount before adjudication - penalty imposed on the appellants under Section 76 gets vacated and this appeal is allowed by giving benefit of section 80 - ST/110/2006 - 868/2008 - Dated:- 12-8-2008 - Shri P.G. Chacko, Member (Judicial) (Final Order No. 868/2008 dt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /- on the assessee under Sections 75A and 77 of the Finance Act, 1994 but these are not under challenge. However, the penalty of Rs. 100/ per day imposed on them under Section 76 of the Act is under serious challenge. It is submitted by the learned counsel for the appellant that they had fallen into a financial crisis on account of criminal breach of trust committed by their sub-agents. Contextual ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom penal liability under Section 76 on the ground that they had paid the entire amount of service tax voluntarily before the show-cause notice was issued. They have not claimed the benefit of Section 80 of the Act in this appeal, though this benefit is being prayed for by counsel. In the case of Akbar Travels of India (supra), a major portion of the service tax was paid before the issue of show-c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Finance Act, 1994 to the assessee and set aside a penalty imposed under Section 78 of the Act, after noting that a major part of the service tax had been paid before issue of show-cause notice and the balance amount before adjudication, operates in favour of the appellants. Indisputably, a penalty under Section 78 is harsher than one under Section 76 inasmuch as the former is attracted by gr ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
