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TMI Blog2017 (2) TMI 441X X X X Extracts X X X X X X X X Extracts X X X X ..... , 7(C) states that when the late fee is paid along with the returns the proceedings in this respect shall be deemed to be concluded. It is not disputed that appellant had filed returns along with the late fee and also paid the service tax along with interest - penalty under sub Section (2) of Section 77 is unwarranted. Appeal allowed - decided in favor of appellant. - ST/30099/2016 - A/3004/2017 - Dated:- 3-1-2017 - Ms. Sulekha Beevi, C.S., Member(Judicial) Shri. Sudheer, Advocate for the Appellant. Shri. Nagraj Naik, Deputy Commissioner (AR) for the Respondent. [Order per: Sulekha Beevi, C.S.,] The above appeal is filed by appellant against the penalty imposed under Section 76 of Finance Act, 1994 and the general p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hority imposed penalty of ₹ 7,95,604/- under Section 76 and imposed penalty of ₹ 10,000/- under Sub section (2) of Section 77 of Finance Act. The appellants are now before the Tribunal against the said order. 3. On behalf of the appellant, the Ld. Consultant Shri. V.S. Sudheer, adverted to Rule 7 (c) of Service Tax Rules, 1994 and submitted that the appellant paid the late fee prescribed under Rule, 7(c) while filing the returns. Second proviso to this Rule states that the proceedings have to be deemed to be concluded if the late fee is paid. That therefore the imposition of further penalty under sub Section (2) of Section 77 is illegal. Regarding the penalty imposed under Section 76, the Ld. Consultant adverted to the Tra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able in terms of this rule, for delayed submission of return, shall not exceed the amount specified in section 70 of the Act: Provided further that where the assessee has paid the amount as prescribed under this rule for delayed submission of return, the proceedings, if any, in respect of such delayed submission of return shall be deemed to be concluded. 78B. Transitory Provisions: (1) Where, in any case, a) service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded and no notice has been served under sub-section (1) of section 73 or under the proviso thereto, before the date on which the Finance Bill, 2015 receives the assent of the President; or b) service tax has n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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