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of <h1>CESTAT Chennai: Penalty under Section 78 Finance Act 1994 set aside</h1> <h3>Rajpaul Homes Versus. Commissioner of Central Excise, Coimbatore</h3> The Appellate Tribunal CESTAT, Chennai set aside the penalty imposed under section 78 of the Finance Act, 1994, in a case concerning service tax liability ... Penalty - Appellants were not aware of the service tax liability which was imposed - As soon as they were advised by the department that they were required to pay service tax, they paid the tax along with interest and cess – Held that: - Penalty under section 78 is not justified. The Appellate Tribunal CESTAT, Chennai heard a case regarding service tax liability for the period October 2005 to June 2006. The appellants were not aware of the tax initially but paid it with interest and cess upon notification by the department. The tribunal set aside the penalty imposed under section 78 of the Finance Act, 1994, considering the appellants' prompt payment after being advised by the department.
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