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TMI Blog2016 (12) TMI 1235X X X X Extracts X X X X X X X X Extracts X X X X ..... ischarged and no further amount requires to be paid u/s 78 as penalty. As regards the penalties u/s 77 - a lenient view needs to be taken, as appellant may be due to financial trouble in the partnership was unable to handle business and may not have obtained the registration or filed the returns; invoking the provisions of Section 80 of the Finance Act, 1994, the penalties imposed u/s 77 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 76, 77 and 78. The adjudicating authority after following due process of law confirmed the demand raised with interest and imposed penalties under Section 77 and 78. Appellant paid the entire amount of service tax liability thereof and 25% of the tax liability as penalty as per the provision of Section 78 of the Finance Act, 1994. they preferred an appeal before the first appellate authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eld as there is a finding that penalty under Section 78 gets attracted, which we agree. Having paid the amount of 25% of the service tax liability, as per the provisions of Section 78 of the Finance Act, 1994, the requirement of Section 78 stands discharged and no further amount requires to be paid under Section 78 as penalty. 6. As regards the penalties imposed under section 77, we find that a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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