No Penalty can be imposed U/s. 76 or 77 for delay in Payment of Service tax

HIGH COURT OF JHARKHAND Commissioner of Central Excise, Ranchi versus Pensol Industries Ltd. PRAKASH TATIA, CJ. AND ALOK SINGH, J. TAX CASE NO. 16 OF 2003 FEBRUARY  4, 2013 ORDER 1. Heard learned counsel for the parties. 2. The petitioner is aggrieved against the order of Customs, Excise & Service Tax Appellate Tribunal, Eastern Bench, Kolkata (CESTAT) passed in Appeal ESM-58/03 dated 27.06.2003. The CESTAT upheld the order of the Commissioner of Central Excise (Appeals), Ranchi dated 27.02.2003 and held that the assessee is not liable to pay the penalty in view of the Ex...