https://www.taxtmi.com/caselaws?id=256565 The Tribunal considered the appellant's plea regarding the penalty imposed under Section 78 of the Finance Act, 1994. While acknowledging the appellant's ability to avail cenvat credit, the Tribunal found no mala fide intention established. Consequently, the penalty under Section 78 was waived, but the penalty under Section 77 was upheld. The appeal was partially allowed, emphasizing the need to assess individual circumstances in penalty determinations under the Finance Act, 1994. en-us Fri, 28 Nov 2014 00:00:00 +0530 Fri, 06 Feb 2015 13:09:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=256565 The Tribunal considered the appellant's plea regarding the penalty imposed under Section 78 of the Finance Act, 1994. While acknowledging the appellant's ability to avail cenvat credit, the Tribunal found no mala fide intention established. Consequently, the penalty under Section 78 was waived, but the penalty under Section 77 was upheld. The appeal was partially allowed, emphasizing the need to assess individual circumstances in penalty determinations under the Finance Act, 1994. Case-Laws Service Tax Fri, 28 Nov 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=256565