2011 (3) TMI 471

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.... D.N. Panda, Judicial Member. - The learned Counsel presenting the appeal submits that this appellant is having three grievances. The first one is that penalty ought not to have been levied under section 78 of the Finance Act, 1994 when there was no proposition for such levy in the show-cause notice. The second grievance is against levy of penalty under section 77 of the Finance Act, 1994 whi....

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....n scope of levy was clarified by CBEC Circular No. 87/05/2006-ST dated 6-11-2006, there shall not be any penalty in view of the judgment of the Hon'ble High Court in CCE v. Auto World [2010] 27 STT 81 (All.). Therefore, he submits that the appellant having discharged tax liability much before the issuance of show-cause notice, the appellant falls in the fold of section 80 of the Finance Act, 1994 ....

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.... education cess, his submission is that payment is a subject-matter of record and if the appellant has discharged the liability, there is nothing wrong to verify the record and give credit. 7. Heard both the sides and perused the record. 8. We are not in disagreement with the learned AR insofar as the levy of penalty under section 78 of the Finance Act, 1994 is concerned. We do appreciate th....

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....oversies arose that is a reasonable cause that comes to the rescue of the appellant. We consider it proper that the present case in hand is a fit case for invoking section 80 of the Finance Act, 1994. The appellant succeeds on the issue of levy of penalty under section 76 which is hereby waived. 10. So far as penalty under section 77 is concerned, the appellant failed to get registered. The app....