2014 (12) TMI 40

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..... ndent. JUDGMENT This Civil Miscellaneous Appeal has been directed against the Final Order No. 241/2012 in Appeal No. ST/221/2011, dated 13-3-2012 by the CESTAT, Chennai. 2. The respondent herein has issued a show cause notice dated 15-10-2009, wherein a specific demand has been made to the effect that the appellant/assessee should pay service tax, interest together with penalty under Secti .....

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..... sions made on either side, narration of the following facts is very much essential. It is an admitted fact that the appellant is liable to pay service tax. It is also a settled principle of law that as per Sections 76 and 70 of the Finance Act, 1994, the Department is entitled to levy penalty as well as interest under the circumstances mentioned therein. In the instant case, in the show cause noti .....

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..... f the said Act, the Appellate Tribunal has not given any opportunity and further in Section 80 of the said Act, it has been specifically stated to the effect that if any assessee has shown sufficient reason, penalty cannot be imposed. Under the said circumstances, the entire order passed by the Appellate Tribunal is erroneous and the same is liable to be set aside. 5. The learned counsel app .....

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..... id Act? 7. The Appellate Tribunal has categorically held that the appellant/assesses is liable to pay penalty under Section 76. 8. As rightly pointed out on the side of the appellant/assesses, against the order passed in Original as well against the order passed by the Commissioner of Appeals, no appeal has been preferred by the Department by way of saying that proper section applicabl .....

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..... her the appellant/assessee is entitled to get such kind of benefit/exemption. Since sufficient opportunity has not been given for getting such kind of exemption, this Court is of the view to set aside the final order passed by the CESTAT and remit the matter to its file. 12. In fine, this Civil Miscellaneous Appeal is allowed without cost. The Final Order No. 241/2012 in Appeal No. ST/221/20 .....

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