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TMI Blog2010 (4) TMI 184X X X X Extracts X X X X X X X X Extracts X X X X ..... h a situation also no further proceedings required.Therefore, I find no merit in the submissions made by learned DR. In these circumstances, stay petition as well as appeal, are allowed to the extent of imposition of penalty under Section 76 only. It is made clear that appropriation made of service tax, interest and penalty under Section 77 are upheld. - ST/500 of 2009 - A/329/2010-WZB/AHD - Dated:- 1-4-2010 - Mr. B.S.V. Murthy, Member (Technical) Shri K.D. Chandarana, Chartered Accountant, for the Appellant. Shri S.K. Mall, SDR, for the Respondent. [Order Per : Mr. B.S.V. Murthy]. - During the period from October 2006 to March 2007, appellant who is engaged in providing GTA and Management consultant services, paid serv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 03-CESTAT-AHM and also Circular issued by the Board vide F.No. 137/167/2006-CX-4 dated 03.10.2007. 3. Learned DR on the other hand submits that if the stand taken by the appellant is accepted all the assessees who pay service tax late and file returns, will be totally going scot-free without any penalty and this will only increase non compliance with the provisions of law. He submits that according to Section 76 of Finance Act, 1994, the assessee shall pay service tax and the word Shall means it is mandatory and when he does not pay, penalty under Section 76 is warranted. He relied upon the decision of the Tribunal in the case of Sabharwal Security Consultants - 2007 (8) STR 269 (Tri.-Del.) and Bhilai Engineering Company Limite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee makes payment, naturally penalty under Section 76 would be imposable. The provisions of Section 73 (3) appears to have been incorporated with an intention that if assessee makes mistakes while doing self assessment, he can rectify and intimate to the department. It may not be correct to say that in such a situation penalty can be imposed. Further, it has to be noted that under Section 80 of Finance Act, 1994, even in the cases where there is suppression or mis declaration, penalty can be waived. Further, Section 73 provides that even when there is suppression or mis-declaration, the assessee can pay penalty of 25% voluntarily and in such a situation also no further proceedings required. Therefore, I find no merit in the submis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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