2017 (11) TMI 1435

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..... was under much dispute and the litigation had traveled upto the Hon’ble Supreme court when the decision of the Hon’ble Supreme Court has been passed in 2010 whereas the disputed period in this appeal is from 18.4.2006 to April 2007, which is much before the decision of the Hon’ble Apex Court - the penalties imposed are unwarranted and require to be set aside - penalties u/s 76 and 78 set aside - i .....

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..... 18.4.2006. However, he submitted that the appellant is contesting only the penalties imposed. The adjudicating authority had imposed equal penalty under sections 76 and 78 besides penalty of ₹ 1,000/- under section 77 of the Finance Act, 1994. The Commissioner (Appeals) had reduced the penalty to ₹ 1,25,000/- each under sections 76 and 78 of the Act. He submitted that the issue whether .....

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..... revised demand to the tune of ₹ 2,57,572/- penalty has been reduced to ₹ 1,25,000/- under sections 76 and 78 of the Act. Needless to say that after 10.5.2008, both the penalties under sections 76 and 78 cannot be imposed simultaneously. Further, as pointed out by the ld. Counsel for appellant, the issue appellant is liable to pay service tax under reverse charge mechanism on the commi .....

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