9911796707
TMI Blog2012 (5) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... The appellants have filed this appeal against the impugned order confirming the service tax demand of Rs.3,24,493/- along with interest under Section 75 of the Finance Act, 1994 and various penalties under Section 77 and 78 of the Finance Act, 1994. 2. The brief facts of the case are that the appellant are providing banking and other financial services and were registered with the department and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to the appellants. Thereafter, a demand of Rs. 3,24,493/- was confirmed against the appellant along with penalty under Section 77 of Rs. 5000/- and the penalty of equivalent amount of service tax under Section 78 of the Finance Act, 1994. Aggrieved from the said order, the appellant is before me. 3. The ld. advocate for the appellant submits that as the appellant has surrendered the registrati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riginal invoice and also undertake to produce service tax registration for the invoices which are not bearing service tax registration. 5. On the other hand, Shri S. Kalra, ld. JDR appeared and submitted that the appellants were registered with the department under the category of banking and other financial service for service tax purposes. Therefore, they are aware of the provisions of service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tration by availing the benefit of the Notifications 6/2005 dated 1.3.2005. As soon as the registration certificate has been surrendered by appellant, duty is cast on the department to verify whether the appellant has rightly gone out of the ambit of service tax or not. The department has not done this exercise within one year of the surrender of the registration certificate. Therefore, as held by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enefit of input service credit for normal period after due verification of the documents produced by the appellant, in support of their claim. As extended period is not invocable, penalty under Section 78 is waived. The penalty under Section 77 is confirmed to the extent of Rs. 1000/-. With these observations, appeal is disposed of by way of remand as directed above by setting aside the impugned o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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