2011 (2) TMI 573

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.... Revenue has come in appeal being aggrieved by the first Appellate order waiving various penalties imposed under sections 75(A), 76, 77 and 78 of the Finance Act, 1994. Learned DR explains -that there is no good ground in the appellate order to grant relief to the appellants who has paid the tax and interest before adjudication. The appellant failed to seek registration. Revenue had also made in....

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....sides and perused the record. 4. We notice the fact that the respondent has not come in appeal against the service tax demanded under section 73 of the Finance Act, 1994. Short payment of tax is enough to impose penalty under section 78 of the Finance Act, 1994 even though the respondent was cooperative to the investigation. Penalty proceeding being independent of adjudication, levy of penalty to....

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....pinion that in its adjudication order the adjudicating authority under the Act should explicitly state the options available to the assessee under section 11AC of the Act. Once the choices are made known to the assessee and it still does not take advantage of the first proviso to section 11AC of the Act, it will be entirely at its own peril. Therefore, it would be beneficial both from the point of....