2016 (12) TMI 226

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.... Per Ashok Jindal: The appellant is in appeal against the impugned order imposing penalty under Section 77& 78 of the Finance Act, 1994. 2. The facts of the case are that the appellant is engaged in the activity of leasing of building and machinery to various clients. On this activity, the appellant is paying/booking VAT on the amount of consideration received by them, as they have given ri....

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....icela Health Foods Ltd., the appellant paid service tax along with interest on 11.01.2013, therefore, there is no fault of the appellant, as the appellant had paid VAT on the lease amount that they are not liable to pay service tax on the leasing amount. In that circumstances, penalties under Section 77 & 78 of the Finance Act, 1994 is not imposable.        ....