https://www.taxtmi.com/caselaws?id=33771 The Tribunal dismissed the Revenue's stay applications, upholding the Commissioner (Appeals)'s decision to set aside penalties under Sections 76 and 77 of the Finance Act, 1994, while confirming penalties under Section 78. The judgment clarified that penalty under Section 78 applies in cases involving mens rea, whereas penalty under Section 76 is for non-payment without mens rea. It emphasized that imposing penalties under both sections for the same evasion is excessive, and if penalty under Section 78 is imposed, there is no need for a separate penalty under Section 76. en-us Wed, 01 Oct 2008 00:00:00 +0530 Wed, 10 Jun 2009 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=33771 The Tribunal dismissed the Revenue's stay applications, upholding the Commissioner (Appeals)'s decision to set aside penalties under Sections 76 and 77 of the Finance Act, 1994, while confirming penalties under Section 78. The judgment clarified that penalty under Section 78 applies in cases involving mens rea, whereas penalty under Section 76 is for non-payment without mens rea. It emphasized that imposing penalties under both sections for the same evasion is excessive, and if penalty under Section 78 is imposed, there is no need for a separate penalty under Section 76. Case-Laws Service Tax Wed, 01 Oct 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=33771