https://www.taxtmi.com/caselaws?id=254747 The Tribunal set aside the penalty under Section 78 of the Finance Act, 1994, as the appellant, eligible for Cenvat credit, did not have the intention to evade tax. However, the penalty under Section 77 for non-filing of returns was upheld due to the appellant's failure to comply with return filing obligations. The judgment highlights the impact of Cenvat credit entitlement on penalty imposition and emphasizes the importance of distinguishing between penalties for evasion and non-compliance with filing requirements under the Finance Act, 1994. en-us Mon, 15 Jul 2013 00:00:00 +0530 Tue, 30 Dec 2014 09:01:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=254747 The Tribunal set aside the penalty under Section 78 of the Finance Act, 1994, as the appellant, eligible for Cenvat credit, did not have the intention to evade tax. However, the penalty under Section 77 for non-filing of returns was upheld due to the appellant's failure to comply with return filing obligations. The judgment highlights the impact of Cenvat credit entitlement on penalty imposition and emphasizes the importance of distinguishing between penalties for evasion and non-compliance with filing requirements under the Finance Act, 1994. Case-Laws Service Tax Mon, 15 Jul 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=254747