9911796707
TMI Blog2014 (8) TMI 475X X X X Extracts X X X X X X X X Extracts X X X X ..... f SCN - Commissioner dropped penalty demand - Held that:- Demand is for the period 2004-05 to 2007-08. For the period prior to 18-4-2006 there has been decision of the Bombay High Court in the case of Indian National Shipowner Association v. UOI - [2008 (12) TMI 41 - BOMBAY HIGH COURT] to the effect that service tax need not be paid by recipient of service for services provided by persons located ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve paid penalty also. Accordingly, proceedings were initiated and in adjudication proceeding service tax of ₹ 3,85,323/- was confirmed and penalties of ₹ 2,42,554/- each were imposed under Sections 76 and 78 of the Finance Act, 1994. In appeal filed before Commissioner (Appeals) he set aside penalty under Section 76 for the reason that simultaneous penalties under Section 76 and Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... separate penalty under Section 76. The Counsel also quoted a few decisions of the Tribunal holding the same view. He also point out that from 10-5-2008 Section 78 has been amended to the effect that penalties under both sections should not be imposed simultaneously. 4. I have considered arguments on both the sides. I find that the demand is for the period 2004-05 to 2007-08. For the period p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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