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TMI Blog2003 (6) TMI 268X X X X Extracts X X X X X X X X Extracts X X X X ..... erits. Accordingly, I have heard Shri J.R. Madhiam, ld. JDR, for the Revenue. 2. The short point required to be decided in the present appeal is as to whether the assessee is liable to penalty under the provisions of Sections 76 and 77 of Finance Act, 1994 when originally the service tax was not being paid by them in terms of the Hon ble Supreme Court s judgment in the case of M/s. Laghu Udyog ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the part of any person shall be punishable as an offence which would not have been so punishable if this section had not come into force. Before the above validation provisions under Section 117 of Finance Act, 2000, the appellant were not liable for any penalty under the provisions of Sections 76 and 77 of the Finance Act, 1994 in the light of the judgment of Hon ble Supreme Court in the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e penalty is imposable and the Tribunal s judgment is not applicable as it has not laid down any legal proposition. However, I am of the view that the service tax was not paid at the relevant time as there was a judgment of the Hon ble Supreme Court in favour of the respondents. It is only subsequently on account of retrospective amendment of the provisions, service tax become payable, which the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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