2007 (4) TMI 713

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....r the Respondent. ORDER The applicant seeks interim stay and waiver of pre-deposit of penalty of Rs. 1,35,100/- imposed under Section 76 of the Finance Act, 1994. The adjudicating authority did not impose any penalty under Section 76 for failure to collect or pay Service tax. The assessee had appealed against the order of the adjudicating authority to the extent it went against the assessee.....

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....no appeal was pending against the imposition or non-imposition of penalty under section 76, prima facie the Commissioner could have exercised revisional powers under section 84. It prima facie appears that for imposition of penalty under Section 76, no mens rea is required and mere failure to pay tax was sufficient to attract the said provisions. 2. Having regard to the facts and circumsta....