https://www.taxtmi.com/caselaws?id=269506 Penalty under Section 76 of the Finance Act, 1994 cannot survive after the underlying service tax demand has been set aside, because it has no independent basis. Penalty for alleged improper availment of CENVAT credit also cannot be imposed where the show-cause notice did not invoke an applicable penal provision and the appeal did not challenge non-imposition of that penalty. The stated principles require penalties to be founded on a subsisting substantive demand or on a properly invoked penal provision and appeal ground. en-us Thu, 05 Feb 2015 00:00:00 +0530 Thu, 14 Jan 2016 12:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=269506 Penalty under Section 76 of the Finance Act, 1994 cannot survive after the underlying service tax demand has been set aside, because it has no independent basis. Penalty for alleged improper availment of CENVAT credit also cannot be imposed where the show-cause notice did not invoke an applicable penal provision and the appeal did not challenge non-imposition of that penalty. The stated principles require penalties to be founded on a subsisting substantive demand or on a properly invoked penal provision and appeal ground. Case-Laws Service Tax Thu, 05 Feb 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=269506