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TMI Blog2013 (3) TMI 313X X X X Extracts X X X X X X X X Extracts X X X X ..... - As per Sec 117 Validation of certain action taken under Service Tax Rules no act or omission on 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. There is provision of levy of interest only and there is no provision for levy of penalty. Commissioner (Appeals), Customs and Central Excise, Ranchi as well as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00 which provides that: Explanation: For removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have so punishable if this Section had not come into force. 3. It will be worthwhile to mention here that the imposition of the service tax was challenged before the Hon'ble Supreme Court wherein the Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0, there is provision of payment of interest at the rate of 24 % if the payment is not made within statutory period. In the case in hand the Revenue sought to levy penalty under Section 76 and 77 of the Finance Act, 1994 equal to the amount of service tax and in this case service tax is only ₹ 12,571/- and therefore, imposed penalty of ₹ 12571/- under Section 76 and 2000/- under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tood immediately before the commencement of the Service Tax (Amendment) Rules, 1998 shall be deemed to be valid and to have always been valid as if the said sub-clauses had been in force at all material times and accordingly,- (i)any action taken or anything done or purported to have been taken or done at any time during the period commencing on and from the 16th day of July, 1997 and ending wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... um shall be payable, from the date immediately after the expiry of the said period of thirty days, till the date of payment. Explanation: For the removal of doubts, it is hereby declared that no act or omission on 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. There is provision of levy of interest only a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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