2002 (6) TMI 2

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..... ring it was agreed by both sides that the appeal itself can be disposed of. Initially the show cause notice dated 7-2-98 was dropped by the adjudicating authority under his order dated 14-12-99 in the light of the judgment of the Supreme Court in the case of Laghu Udyog Bharti - 1999 (112) E.L.T. 365. Later Finance Act, 2000 validated sub-clauses (xii) and (xvii) of clause (d) of sub- rule (1) .....

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..... ct, 2000. But as far as penalty is concerned the appellant is entitled to relief. It is to be noted that during the relevant period the decision of the Apex Court regarding service tax was in force. A subsequent amendment in the statute with retrospective effect cannot bring about penal consequence on the assessee. The demand of penalty cannot be sustained. In the light of the above, we set aside .....

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