https://www.taxtmi.com/caselaws?id=446693 CESTAT Chennai held that 15% penalty under Section 78 of Finance Act 1994 was improperly imposed where appellant paid service tax of Rs.3,95,743 with interest before show cause notice issuance after being pointed out by ECM. The adjudicating authority failed to provide proper findings for penalty confirmation despite voluntary payment. Since service tax was paid before SCN and no penalty was imposed on larger amount of Rs.25,04,156 following audit settlement principles, the 15% penalty on Rs.3,95,743 was set aside. Refund of Rs.3,75,623 was allowed as department did not challenge original penalty waiver order. en-us Fri, 01 Dec 2023 00:00:00 +0530 Sat, 09 Dec 2023 08:53:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=446693 CESTAT Chennai held that 15% penalty under Section 78 of Finance Act 1994 was improperly imposed where appellant paid service tax of Rs.3,95,743 with interest before show cause notice issuance after being pointed out by ECM. The adjudicating authority failed to provide proper findings for penalty confirmation despite voluntary payment. Since service tax was paid before SCN and no penalty was imposed on larger amount of Rs.25,04,156 following audit settlement principles, the 15% penalty on Rs.3,95,743 was set aside. Refund of Rs.3,75,623 was allowed as department did not challenge original penalty waiver order. Case-Laws Service Tax Fri, 01 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=446693