9911796707
TMI Blog2012 (6) TMI 637X X X X Extracts X X X X X X X X Extracts X X X X ..... under Sub-Sec.(1) in respect of the amount so paid - Therefore, authorities have no authority to initiate proceedings for recovery of penalty u/s 76 - in favour of assessee. - ST/305 OF 2011 - A/399/WZB/AHD. OF 2012 & S/503/WZB/AHD OF 2012 - Dated:- 5-3-2012 - M.V. RAVINDRAN, B.S.V. MURTHY, JJ. R. Subramanya for the Appellant. S.K. Mall for the Respondent. ORDER M.V. Ravindran, Judicial Member This stay petition is filed for the waiver of pre-deposit of penalty imposed by the first appellate authority. On an appeal filed by the Revenue before him against Order-in-Original which has not been imposed any penalty under Section 76. 2. After hearing both sides for some time on the stay petition, we find that the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause notice to the appellant. 7. This is the ratio from the judgment of the Hon'ble High Court of Karnataka which we may reproduce, with respect. "Both these appeals are preferred by the assessee challenging the order passed by the Tribunal as well as the Appellate Commissioner who have held that the assessee is not liable to pay any penalty under Sec. 76 of the Finance Act, 1994 and therefore, set aside the order passed by the Lower authorities imposing penalty. 2. Act, 1994 categorically states, after the payment of service tax and interest is made and the said information is furnished to the authorities, then the authorities shall not serve any notice under Sub-Sec. (1) in respect of the amount so paid. Therefore, autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wasting their precious time and also the time of the Tribunal and this Court. It is high time that the authorities shall issue appropriate directions to see that such tax payers are not harassed. If such instances are noticed by this Court here after, certainly it will be a case for taking proper action against those law breakers. 4. In that view of the matter, we do not see any merit in these appeals. The appeals are dismissed. 5. Mark a copy of this order to the Commissioner, of Large Tax Payers Unit who is in charge of collection of service tax to issue proper circular to all the concerned authorities, not to contravene this provision, namely Sub-Sec, (3) of Sec. 73 of the Act." 8. In view of the law being settled, as ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
