2007 (4) TMI 713

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..... re-deposit of penalty of ₹ 1,35,100/- imposed under Section 76 of the Finance Act, 1994. The adjudicating authority did not impose any penalty under Section 76 for failure to collect or pay Service tax. The assessee had appealed against the order of the adjudicating authority to the extent it went against the assessee. However, Revenue did not prefer any appeal against the order of the adjud .....

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..... under section 76, prima facie the Commissioner could have exercised revisional powers under section 84. It prima facie appears that for imposition of penalty under Section 76, no mens rea is required and mere failure to pay tax was sufficient to attract the said provisions. 2. Having regard to the facts and circumstances of the case, it is therefore, directed that on the appellant s depositing .....

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