2013 (12) TMI 964

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..... Section 76 of Finance Act, 1994. In my considered view, prima facie, the appellant has made out a case for waiver of pre-deposit as, if the provisions of Section 78 and sub section 5 [Section 78(5)] clearly hold, that penalty imposed is equal to the amount of service tax liability escaped, penalty under Section 76 cannot be imposed during the relevant period - Stay granted. - ST/589/2011 - Stay O .....

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..... nder Section 76 of Finance Act, 1994, which was proposed in the first show cause notice but the proceedings were dropped by the adjudicating authority, on the ground that imposition of penalty under Sections 76 and 78 were mutually exclusive prior to 10-5-2008. Commissioner as a revisionary authority has given the reasoning that the service tax liability evaded was for the period 2005-06 and hence .....

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