2016 (7) TMI 303

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..... fore issuance of Show cause notice. - Levy of penalty waived invoking the provisions of Section 80 - Decided in favor of assessee. - ST/42026/2015 - FINAL ORDER No. 40856/2016 - Dated:- 26-4-2016 - Shri P. K. Choudhary, Judicial Member Shri T. Ramesh, Adv., for the Appellant Shri R. Subramanian, AC (AR), for the Respondent ORDER M/s. Sri Krishna Packagings, Maraimalai Nagar, .....

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..... f actual payment of the outstanding amount of service tax under Section 76 of the Finance Act, 1994. On appeal, the Commissioner (Appeals) upheld the Order-in-Original and rejected the appeal. Hence, the present appeal. 2. The Ld. Counsel Shri T. Ramesh, Advocate, appearing on behalf of the appellant submits that during the disputed period tax was not paid consequent to financial hardship and .....

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..... at a later date. Since the appellants have not paid the interest before issuance of SCN, they cannot claim the benefit of Section 73 (3) of the Finance Act, 1994. Hence, the penalty has been rightly imposed and the appeal should be rejected. 4. Heard both sides. The issue lies in a narrow compass on the issue of penalty imposed by the adjudicating authority on the appellant assesse in respe .....

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