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TMI Blog2018 (8) TMI 1175X X X X Extracts X X X X X X X X Extracts X X X X ..... 32 - CESTAT CHENNAI] wherein, inter alia, the penalties imposed have been set aside by holding that During the relevant period, the issue whether an assessee is liable to pay service tax under reverse charge mechanism was under much litigation. The same reasoning can be extended to the appellants - penalties u/s 77 and 78 set aside - appeal allowed - decided in favor of appellant. - Appeal No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... qual penalty under Section 78 of the Finance Act, 1994 and also imposed penalty under Section 77(1)(a) of the Act. The appellant filed an appeal before the Commissioner (Appeals) for seeking relief from penalty. However, vide order No. 139/2012 dt. 30.06.2012, the Commissioner (Appeals) rejected the appeal due to non-compliance of provisions of Section 35 of the Central Excise Act, 1944 and also d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k Ltd. decision (supra), it had been recorded as under : 3. The Ld.Counsel, Sh.Quidir Hoseyn appearing for the appellant submitted that the appellant is not contesting the liability of service tax or the interest thereon. The contest in the present appeal is confined to the penalty imposed. He submitted that whether the appellants are liable to pay service tax on the Vostro and Nostro Account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Muralidharan supported the findings in the impugned order. 5. On perusal of records in para 41 of the Order-in-Original, the adjudicating authority has given reasons why no penalty should be imposed. The adjudicating authority has considered the whole issue as interpretative in nature and has waived the penalties by invoking Section 80 of the Act, ibid. After appreciating the facts, we are of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alties is therefore set aside without disturbing the demand of service tax and interest thereon. The appeal is allowed with consequential reliefs, if any. 6. In the present case also, we find that the same reasoning can be extended to the appellants. Hence that portion of the impugned Order imposing penalties under Section 77 and 78 ibid are set aside. We however make it clear that the remain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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