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TMI Blog2013 (11) TMI 643X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 73 (3) disable initiation of proceedings for recovery of penalty; except where circumstances justify invocation of the provisions of Section 73(4) of the Act - Therefore, adjudication order as confirmed by the appellate order, insofar as imposition of penalty on the appellant for belated payment of service tax, which was remitted to the credit of Revenue along with corollary interest even p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /s. Reliance Industries Limited, Jamnagar (RIL), comprising services in respect of Commercial or Industrial Buildings and received Rs. 10,86,884.49 including the Service tax component but failed to remit service tax of Rs. 1,18,587/. This failure of the appellant was pointed out in audit and communicated to the appellant on 05.10.2009. The appellant informed Revenue by letter dated 03.12.2000 that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 of the Act. 3. Aggrieved thereby, appellant preferred an appeal, specifically asserting that no penalty ought to have been imposed in view of the fact that entire service tax and interest component thereof was remitted by the appellant even before the audit report was communicated and much much prior to issuance of the show cause notice. The appellate authority however did not advert to the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation order as confirmed by the appellate order, insofar as imposition of penalty on the appellant for belated payment of service tax, which was remitted to the credit of Revenue along with corollary interest even prior to issuance of show cause notice, is unsustainable and is accordingly set-aside. Appeal is allowed, but in the circumstances without costs. (Dictated and pronounced in the Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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