9911796707
TMI Blog2016 (10) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... beyond the due date. They have also subsequently discharged that interest liability thereon. Keeping in mind these facts, I am of the considered opinion that imposition of penalty under Section 76 in this case is unjust and unfair. In view of the extenciating circumstances, the original or lower appellate authority should have permitted waiver of penalties by invokation of Section 80 of the Finan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l 2006 to September 2006, and their letter dated 10.01.2007 that they desired to submit a revised return for the period from July 2003 to September 2003, October 2003 to March 2004, April 2004 to September 2004, October 2004 to March 2005, April 2005 to September 2005 and October 2005 to March 2006 on the ground that the service tax paid earlier was on margin amounts only and that they paid Servic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 94. Therefore, demand was raised for the amounts already paid to be adjusted and the interest for the delay in payment of Service Tax liability under Section 76 of the Finance Act, 1994. 2. The issue involved is that the appellant paid service tax on the amounts actually realized by them for the periods mentioned in para 2 above on 09.01.2007 and filed revised ST3 returns for the same on 18.01. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed for the same. The dispute emanated only because of non-payment of interest liability thereon which in any case was discharged by them subsequently. He relied upon the following case laws: i) Bas Engineering Pvt. Ltd., Vs Commissioner of Service Tax, Delhi [2014 (33) S.T.R. 452 (Tri. - Del.)] ii) Commissioner of S.T., Chennai Vs Lawson Travel Tours (I) Pvt. Ltd., [2015 (38) S.T.R. 227 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iating circumstances, the original or lower appellate authority should have permitted waiver of penalties by invokation of Section 80 of the Finance Act, 1994. 8. In the result penalty imposed under Section 76 of the Finance Act, 1994 cannot be sustained and will have to be set aside, which I hereby do. Appeal allowed on above terms. (Pronounced dictated in open Court) - - TaxTMI - TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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