https://www.taxtmi.com/caselaws?id=233617 Penalties imposed under Section 78 of the Finance Act, 1994 were not restored because the same controversy had already been decided by the Tribunal in an earlier case. The appellate authority had followed that settled view while setting aside the penalties, and the Revenue did not dispute the applicability of that decision. Mere filing of an appeal before the High Court was insufficient to displace the earlier Tribunal ruling in the absence of any stay. The order setting aside the penalties was therefore upheld, and the Revenue's challenge failed. en-us Mon, 11 Jun 2012 00:00:00 +0530 Wed, 08 May 2013 05:40:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=233617 Penalties imposed under Section 78 of the Finance Act, 1994 were not restored because the same controversy had already been decided by the Tribunal in an earlier case. The appellate authority had followed that settled view while setting aside the penalties, and the Revenue did not dispute the applicability of that decision. Mere filing of an appeal before the High Court was insufficient to displace the earlier Tribunal ruling in the absence of any stay. The order setting aside the penalties was therefore upheld, and the Revenue's challenge failed. Case-Laws Service Tax Mon, 11 Jun 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=233617