Penalty u/s 78 is leviable if tax recovered not paid & information of unpaid taxes not furnished in ST returns

 Brief of the case: The CESTAT Ahmedabad in the case of Iwi Crogenic Vaporization System India held that The non-payment of recovered tax coupled with the fact of non-furnishing of the details in respect of unpaid part in periodical returns clearly establish the intention of assesse to evade the payment of service tax recovered. Therefore, in such a case penalty levied u/s 78 is sustainable in law. Facts of the case: During the course of investigation by the central excise officers it was found that the assessee company was not paying service tax on certain services as payable under Reverse ...