2009 (2) TMI 114 - AT - Service Tax

Real Estate Agents - Revenue is aggrieved by the dropping of penal proceedings under the provisions of Sections 76 and 77 - no merit in the Revenue s contention that penalty u/s 76 should also have been retained by the lower appellate authority as penalty u/s 76 is not warranted in view of the penalty imposed u/s 78 - However, as regards penalty u/s 77, I agree with the Revenue that penalty is called for as the respondents have already been found to be guilty of suppression - appeal of the Revenue is partly allowed

Summary

The judgment pertains to penal proceedings under Sections 76 and 77 of the Finance Act, 1994 against Real Estate Agents. The Tribunal dropped penalties under Section 76 but upheld a penalty of Rs. 1,000 under Section 77 due to suppression by the respondents. The appeal of the Revenue was partly allowed. (2009 (2) TMI 114 - CESTAT NEW DELHI)