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TMI Blog2017 (2) TMI 575X X X X Extracts X X X X X X X X Extracts X X X X ..... to invoke Section 80 and grant the waiver of penalty imposed u/s 76 of FA, 1994, looking at the financial difficulty of appellant - penalty set aside - appeal allowed - decided in favor of appellant. - ST/27264/2013 - A/30034/2017 - Dated:- 4-1-2017 - Ms. Sulekha Beevi, C.S., Member (Judicial) Sh. B. Venugopal, Advocate for the Appellant. Sh. Arun Kumar, Deputy Commissioner (AR) for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al authority imposed penalty under Section 76. Being aggrieved the appellant is now before the Tribunal. 3. On behalf of the appellant, the Ld. Counsel Sh. B. Venu Gopal submitted that the appellant was under much financial hardships during the relevant period and therefore was not able to pay the service tax. The appellant had furnished the copies of their balance sheets to show that they were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t this is not sufficient because to invoke the provision of Section 80 of the finance Act. It is brought to my notice that with effect from 01.04.2011 the appellant has been discharging the service tax liability on accrual basis and before that it was on receipt basis. The tribunal in the appellant s own case for an earlier period has looked into the financial difficulties of the appellant company ..... X X X X Extracts X X X X X X X X Extracts X X X X
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