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TMI Blog2017 (2) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... of penalty justified? - Held that: - I do not see any intention by way of suppression or mis-statement of facts resulting into non payment of service tax in time by the appellant. Therefore, penalty u/s 78 is unwarranted and unsustainable of law. However, it is also not contradicted that the amount has been collected from their customers but not paid to the Govt. in time. Thus, penalty u/s 76 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e tax of ₹ 21,66,234/- and proposal for imposition of penalty under Section 76, 77, and 78 of the Finance Act, 1994. On adjudication, the demand was confirmed and penalty under 76 and Section 78 of the Finance Act, 1994 imposed. The appellant filed an appeal before the ld. Commissioner (Appeals) challenging the imposition of penalty under Section 76 and 78 of the Finance Act, 1994. The Ld. C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Raval Trading Company - 2016 (42) S.T.R. 210 (Guj.). 4. Per contra, Ld. AR for the Revenue has submitted that the appellant though registered with the department during the relevant period, but defaulted in making payment of service tax. It is his contention that since the service tax was not paid nor periodical returns in ST-3 forms were filed by the appellant, therefore, p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h interest had been subsequently paid by the appellant, a fact not disputed by the Revenue. The reason for such default is attributed to the sudden demise of their Managing Director, a fact not in dispute. In these circumstances, I do not see any intention by way of suppression or mis-statement of facts resulting into non payment of service tax in time by the appellant. Therefore, in my view, pena ..... X X X X Extracts X X X X X X X X Extracts X X X X
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