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TMI Blog2011 (4) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of dropping the penalty under Section 76 of the Finance Act, 1994. 2. A show-cause notice was issued to the respondent alleging that the respondent have failed to pay the service tax for providing services classified as construction of residential complexes as the respondent has crossed threshold limit of Rs.8 lakhs for the year 2007 and were liable to pay service tax after allow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x by person who is liable to pay, whereas the penalty under Section 78 relates to penalty for suppression of value of taxable service. In this case the both offences have been committed by the respondent, therefore, respondent are liable to penalise under both the sections i.e. under Section 76 and Section 78 ibid. To support his contention he placed reliance on Aakriti Cable Network vs. CCE Jaipu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; 6. The short issue involved in this case is that when the penalty under Section 78 of the Finance Act has been confirmed, whether penalty under Section 76 ibid is leviable or not in the facts and circumstances of the case. 7. After going through the facts of the case, I find that in this case show-cause notice has been issued after coming into force proviso 5 to section 78 ibid, as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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