2012 (8) TMI 786

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..... and is not contesting the penalty under Section 77 of Finance Act, 1994 - penalty imposed under Section 76 is not sustainable - ST/656 of 2011 - A/543/WZB/AHD of 2012 & - Dated:- 13-4-2012 - B.S.V. MURTHY, J. H. Modh for the Appellant. R. Nagar for the Respondent. ORDER 1. Since issue involved is only as to whether penalty is leviable under Section 76 of the Finance Act, 199 .....

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..... ts that in view of the procedural instructions by the appellant he is not contesting the penalty under Section 77 of the Finance Act, 1994 also. His request is only for waiver of penalty imposed under Section 76 of Finance Act, 1994 on the ground that in view of the facts and circumstances in this case, penalty under Section 76 was not imposable and further he also relies upon the following decisi .....

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..... of 25% as per the law and is not contesting the penalty under Section 77 of Finance Act, 1994. Under these circumstances following the precedent decisions cited by the ld. counsel and taking all the factors into consideration I consider it appropriate that the penalty imposed under Section 76 is not sustainable. The confirmation of demand for service tax, penalty under Section 77, interest on serv .....

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