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TMI Blog2008 (1) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... the penalty imposed u/s 77 – but Comm. (A) did not recorded any finding on the penalty imposed u/s 76 - fit case for waiver of penalty u/s 76 – HC has already held that provisions of Section 80 can be invoked to set aside penalty u/s 76 - ST/150/2007 - A/259/2008-WZB/MUM/C-II/(SMB) - Dated:- 18-1-2008 - Shri M.V. Ravindran, Member (J) [Order]- 1. This stay application is directed agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his case the assessee has in fact paid the dues before the issue of the show cause notice and in fact what stands out is that they did so without any communication from the department. I also see that the penalty imposed is under Section 77 of the Act which is the penalty for contravention of any provisions for which no penalty is given in the Act. In a situation like that of Shri Suhas Ambadas Bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o conclusion that the appellant is a small time assessee and has come forward to deposit voluntarily the entire amount of service tax and interest thereon. I find that this is a fit case for waiver of penalty under Section 76 of the Finance Act, 1994. I find that the Hon'ble High Court of Bombay in Civil Appeal No. 197 of 2006 in an appeal filed by the Revenue against the order of Tribunal, has up ..... X X X X Extracts X X X X X X X X Extracts X X X X
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