2008 (8) TMI 153

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..... bona fide belief that they need not discharge the Service tax liability – appellant discharged the duty liability along with interest even before the issue of SCN - imposition of penalty under Section 76 appears to very harsh – penalty is set aside
Shri T.K. Jayaraman, Member (T) Shri Dayanand, Chartered Accountant, for the Appellant. Ms. Joy Kumari Chander, JCDR, for the Respondent. [Order .....

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..... otice. Hence, it was strongly urged by the learned Advocate that imposition of penalty under Section 76 of the Finance Act, 1994 was not justified. Moreover, my attention was also invited to the Amnesty Scheme, which was prevailing during that time. In terms of the scheme, if the duty liability was discharged before 31-10-2004, the penalty proceedings would be waived. Reliance was placed on certai .....

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