https://www.taxtmi.com/caselaws?id=336821 Penalty under Section 78 of the Finance Act, 1994 was not sustainable where service tax and interest had been paid and corresponding credit was available, making the matter revenue neutral and leaving no concrete evidence of suppression or misrepresentation. Penalty under Section 77 was, however, upheld because the value of transportation was not disclosed in the ST-3 returns and the omission was detected before voluntary payment was made. The article states that a revenue-neutral position can defeat suppression-based penalty, but failure to make a required disclosure may still attract a separate procedural penalty. en-us Fri, 10 Jun 2016 00:00:00 +0530 Thu, 29 Dec 2016 12:20:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=336821 Penalty under Section 78 of the Finance Act, 1994 was not sustainable where service tax and interest had been paid and corresponding credit was available, making the matter revenue neutral and leaving no concrete evidence of suppression or misrepresentation. Penalty under Section 77 was, however, upheld because the value of transportation was not disclosed in the ST-3 returns and the omission was detected before voluntary payment was made. The article states that a revenue-neutral position can defeat suppression-based penalty, but failure to make a required disclosure may still attract a separate procedural penalty. Case-Laws Service Tax Fri, 10 Jun 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=336821