2017 (10) TMI 970

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....er (AR), for Respondent ORDER Per: D.N. Panda 4 days before the judgment dated 19/20 January, 2012 of Hon'ble High Court of Bombay in the case of Maharashtra Chamber of Housing Industry Vs. Union of India reported in 2012 (25) STR 305 (Bom) holding that the levy of service tax in terms of explanation added to section 65(105)(zzh) of Finance Act, 1994 was constitutional, there was inve....

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.... of 25% of tax payable as penalty under Section 78 of the Finance Act, 1994. So also the penalty under Section 77 of the Finance Act, 1994 was not imposable. 2.1 Appellant further pleaded that constitutional vires of the levy was challenged in the Writ Petitions before Hon'ble High Court of Bombay in the aforesaid citation. The Explanation added to section 65(105)(zzzh) of the Finance Act, ....

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....of a new building which is intended for sale, wholly or partly, by a builder or any person authorized by the builder before, during or after construction (except in cases for which no sum is received from or on behalf of the prospective buyer by the builder or the person authorized by the builder before grant of completion certificate by the authority competent to issue such certificate under any ....

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....y learned adjudicating authority. When the appellant was not before the Hon'ble High Court in the batch of Writ Petitions, it would be proper to reduce the litigation confirming penalty to the extent of 25% of tax due imposed by adjudicating authority under Section 78 of the Finance Act, 1994 waiving balance amount of penalty of 75% payable under that section. 6. So far as penalty under Sec....