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 investigatio

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