DIWAN RAHUL NANDA Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) A penalty under Section 77(c) of the Finance Act has been imposed on the appellant as the appellant, who is a Director of Top Security Ltd., for delaying the payment of service tax by Top Security Ltd.

(2.) As there is no provision for imposing personal penalty on the Director, under the Finance Act, 1994, therefore, the impugned order is not sustainable. Accordingly after waiving the requirement of pre -deposit, we allow the appeal by setting aside the impugned order.