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TMI Blog2015 (11) TMI 652X X X X Extracts X X X X X X X X Extracts X X X X ..... in January 2006 and payment was also delayed. Similar was the situation for subsequent quarters up to September 2006 and in all the cases Service Tax was paid belatedly and returns were also filed belatedly. Proceedings initiated culminated in imposition of penalty of Rs. 13,68,399/- (Rupees Thirteen Lakhs Sixty Eight Thousand Three Hundred and Ninety Nine only) under Section 76 of the Finance Act, 1994 and a penalty of Rs. 2,000/- (Rupees Two Thousand only) under Rule 7C of Service Tax Rules, 1994. However even though appellant had made payments of Service Tax belatedly, they had not deposited the interest also completely. The interest was deposited only when the matter reached the Tribunal and at the time of Stay Order as per the directi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Service Tax. G.S.R. (E). - In exercise of the powers conferred by section 83A of the Finance Act, 1994 (32 of 1994), the Central Board of Excise and Customs hereby confers on the Central Excise Officer specified in column (2) of the Table below, such powers as specified in the corresponding entry in column (3) of the said Table, for the purposes of adjudging a penalty under Chapter V of the said Finance Act or the rules made thereunder. Table S. No. Central Excise Officer Amount of Service Tax or Cenvat credit specified in a notice for the purpose of adjudication under Section 83A (1) (2) (3) 1. Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise Not exceeding Rs. 5 lakhs 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmission that if the penalty proposed in the show cause notice is less than Rs. 5,00,000/- (Rupees Five Lakhs only), the matter can be adjudicated by the original authority at the level of Assistant Commissioner or Deputy Commissioner. He fairly agrees that in this case unfortunately for the Revenue even the penalty proposed in the annexure to the show cause notice is Rs. 13,68,399/- (Rupees Thirteen Lakhs Sixty Eight Thousand Three Hundred and Ninety Nine only). Therefore even going by the logic proposed by the learned AR, the present proceedings do not become valid. 6. The learned CA has not contested the interest which has already been paid and which is liable to be paid as per the recent decision of the Hon'ble High Court of Bomba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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