9911796707
TMI Blog2018 (9) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... e Government exchequer subsequently, but before the issuance of SCN - Held that:- The issue arising out of the present dispute regarding the imposition of penalty under Section 76 of the Act under similar set of facts, is no more res integra, in view of the decision of this Tribunal in the case of Virtual Marketing (India) Pvt Ltd. [2016 (11) TMI 18 - CESTAT MUMBAI], where under similar set of fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mposed penalty under Section 76 of the Act, which was upheld in the impugned order dated 19.02.2018. 3. Learned Consultant appearing for the appellant submits that the service particulars were duly reflected in the books of accounts and in the periodical returns filed by the appellant. Due to acute financial crunch, the service tax was not deposited within the statutory time limit. Thus, he prays ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter. The present issue relates to determination of question whether the benefit of Section 80 of the Act can be extended for non-imposition of penalty under Section 76 ibid. I find that the issue arising out of the present dispute regarding the imposition of penalty under Section 76 of the Act under similar set of facts, is no more res integra, in view of the decision of this Tribunal in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to discharge the service tax. Even if the service tax was collected but shown as outstanding in the balance sheet, it can be construed that appellant had no malafide intention. Considering over all facts and circumstances of the case we are of the view that appellant has been able to show reasonable cause for non payment of service tax on due time. Interest on the said service tax also paid by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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