2017 (11) TMI 213

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....enalty under Section 77 and 78 by holding that  the appellant is a Public Sector Undertaking and suppression cannot be  alleged against the Public Sector Undertaking. 2.  Briefly the facts of the present case are that during the course of  audit of service tax, it was observed that the assessee wrongly taken excess  cenvat credit of Rs. 1,54,007/-  (Rupees One Lakh Fifty Four Thousand and Seven only) and utilized the same for payment of service tax during the period from April to September, 2006. On being pointed out by the Audit  team, they paid an amount of Rs. 27,502/- (Rupees Twenty Seven Five Hundred and Two only) but did not pay the interest for the said amount. 2.1. This culminated in the issuance....

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....intent to avail and utilize the ineligible credit and the original authority in his order has held that the appellant had suppressed the facts from the Department and confirmed the demand along with interest and penalties  under Section 77 and 78 of the Finance Act. He further submitted that the Commissioner (Appeals) in the impugned order while setting aside the penalties imposed under Section 77 and 78 of the Finance Act has given a finding that the appellants are a PSU and suppression cannot be allowed as there will not be any gain by suppressing the facts from another wing of the same Government. Learned counsel further submitted that the Commissioner (Appeals) has given a clear finding that allegation of suppression of facts is no....