COMMISSIONER OF CENTRAL EXCISE Vs. PANNU PROPERTY DEALERS

JUDGEMENT

(1.) This appeal has been preferred by the revenue against deletion of penalty by the Customs, Excise and Services Tax Appellate Tribunal, New Delhi levied under Section 76 of the Finance Act, 1994, which contains provisions for levy and collection of service tax ("the Act").

(2.) The Respondent-Assessee is a property dealer and is service provider of taxable service under the Act. Show-cause notice was given by the authority alleging failure on its part to file return and pay service tax on the taxable value for the period from 2001-02 to 2003-04. After consideration, order in original dated 16-10-2007 was passed adjudicating the amount of service tax and also levying penalty under Section 76 of the Act for non-payment of service tax, under Section 77 for not filing the return and under Section 78 for suppressing the taxable value. On appeal, while upholding penalty under Section 78 of the Act for suppression, penalty under Sections 76 and 77 of the Act was deleted. It was held that penalty under Sections 76 and 77 could not be imposed in addition to penalty under Section 78. The Tribunal partly allowed the appeal of the revenue against the said order and upheld the penalty of Rs. 1,000 under Section 77 of the Act.

(3.) We have heard learned Counsel for the parties.