https://www.taxtmi.com/caselaws?id=269506 A penalty under Section 76 of the Finance Act, 1994 cannot survive once the underlying service tax demand has already been set aside, because the penalty has no independent foundation. The article also notes that no penalty can be imposed for alleged improper availment of CENVAT credit where the show-cause notice did not invoke any penal provision and the appeal did not properly challenge non-imposition of penalty. The operative principle is that penalty depends on a valid surviving demand or a properly pleaded penal basis; absent either, the Revenue's case fails. 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 A penalty under Section 76 of the Finance Act, 1994 cannot survive once the underlying service tax demand has already been set aside, because the penalty has no independent foundation. The article also notes that no penalty can be imposed for alleged improper availment of CENVAT credit where the show-cause notice did not invoke any penal provision and the appeal did not properly challenge non-imposition of penalty. The operative principle is that penalty depends on a valid surviving demand or a properly pleaded penal basis; absent either, the Revenue's case fails. Case-Laws Service Tax Thu, 05 Feb 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=269506