2017 (9) TMI 1322

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....bsp;Shri A. Cletus, ADC (AR) ORDER The only challenge in the present appeal is to imposition of penalty imposed under the provisions of section 77 and 78 of the Finance Act, 1994. 2.   It is seen that the demand for the period October, 2009 to March, 2014 stands confirmed against the appellants to the extent of Rs. 52,602/-, in respect of the GTA services so received by them, on reve....

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....t is penal in nature and as such, there was no justification for further imposition of penalty under section 77 and 78 of the Finance Act, 1994. It stands contended by the learned advocate that receipt of such services was duly reflected in their statutory records and as such, no malafide can be attributed to them. In such a scenario, he seeks protection under section 80 of the Finance Act, 1994. ....

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....for granting relief under section 80 of the Finance Act, 1994. Further, the provisions of section 73 (1A) also is to be made applicable. In terms of the said provisions read with the circular issued by the Board vide F.No.137/167/2006-CX.4, dated 03.10.2007, the proceedings should have been taken as having been concluded on deposit of the disputed amount along with interest. To the same effect is ....