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TMI Blog2008 (7) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... dispute (Sept.’03 to March’05) were filed belatedly – hence penalty u/s 77 is sustained - where the entire amount of tax was paid with interest prior to issuance of SCN, a penalty under Section 76 is liable to be vacated - ST/53/2008 - 650/2008 - Dated:- 4-7-2008 - Shri P.G. Chacko, Member (Judicial) (Final Order No. 650/2008 and Stay Order No. S/562/2008 dt. 4.7.2008 certified on 8. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w-cause notice on 7.10.05 to the appellants proposing penalties on them under Sections 76 77 of the Finance Act, 1994. The noticee contested this proposal. In adjudication of the dispute, the original authority imposed a penalty of Rs. 35,210/- on the party under Section 76 for the delay in payment of service tax and a separate penalty of Rs. 3,000/- under Section 77 for the delay in filing retu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he lower authorities. 4. After considering the submissions, I note that the decision cited by the counsel is squarely applicable to the facts of this case insofar as the penalty under Section 76 is concerned. It was held in that case, where the entire amount of tax was paid with interest prior to issuance of SCN, a penalty under Section 76 had to be done away with. However, the cited case do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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