IWI CROGENIC VAPORIZATION SYSTEM (INDIA) PVT. LTD. Vs. THE COMMISSIONER OF C. EXCISE AND SERVICE TAX, VADODARA-II

JUDGEMENT

(1.) Assessee has filed this appeal challenging judgment of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 29.6.2015 raising following questions for our consideration:

(2.) Upon perusal of the documents on record and hearing learned counsel for the appellant, we notice that the disputes raised by the assessee are two, namely, (1) with respect to penalty confirmed by the Tribunal imposed under Section 78 of the Finance Act, 1994 and (2) with respect to penalty imposed under Section 77 of the said Act.

(3.) As is well known, Section 78 of the Finance Act, 1994 provides for penalty for suppressing etc. of value of taxable services. Sub-section (1) thereof provides for a penalty on any service tax not paid or not levied or short-levied or short paid or erroneously refunded, by reason of fraud, collusion, willful mis-statement, suppression of facts or contravention of any of the provisions or the act and rules made with intent to evade payment of service tax.