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TMI Blog2013 (1) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... sited in the bank account on 5.2.2007 - The Service Tax was to be paid by 5.3.07 - Held that:- Since cheque was received on 4.1.2007, the same was actually deposited in the bank on 5.2.2007 and must have been encashed on a date after that. As such, it is to be considered as if the consideration for the services was received by the appellant in the month of February itself, thus requiring them to d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellants representative, in his statement admitted that bills for the amount of Rs. 54,76,172/- for the services rendered during the period April, 2006 to December, 2006 stand raised by them in December, 2006. The cheque for the same was received on 4.1.2007 but physically the cheque was deposited in the bank account on 5.2.2007 and as such the Service Tax was to be paid by 5.3.07. They also subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 78. Similarly, he set aside the penalty imposed upon under section 77 of the Finance Act, 1994. However, he upheld the imposition of penalty under section 76 of the Finance Act, which is the subject-matter of the present appeal. 5. I find that the said section 76 of the Finance Act provides for imposition of penalty on any person, liable to pay Service Tax in accordance with the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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