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TMI Blog2017 (7) TMI 1297X X X X Extracts X X X X X X X X Extracts X X X X ..... tenor of less than 30 days - HELD THAT:- Respondent is a public sector undertaking and have promptly discharged tax liability of over ₹ 2 crores along with interest. The show cause notice is bereft of any evidence of misrepresentation or suppression of facts. The levy of tax was determined ultimately on an interpretation to which the respondent forbore to raise any significant objection. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst order-in-appeal no. 34/COMMR(RS)/LTU-M/ST/2016-17 dated 26th July 2016 of Commissioner of Central Excise Service Tax, Large Taxpayer Unit, Mumbai and pertains to enhancement of penalty on respondent consequent upon denial of eligibility for exemption as export of services on supply of vessels to customers located overseas during the period from 1st July 2012 to 30th September 2014 for a te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow cause notice, or to impose penalty equivalent to the tax that has been evaded with the option of restricting penalty to 25% of the determined amount if the tax, interest and the reduced penalty are deposited within 30 days of the issue of the order itself. It is alleged by Revenue that the restriction of penalty to 25% of the evaded tax in the impugned order is not correct in law as the penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y requirement under law to proceed with issue of show cause notice. Having issued show cause notice, the proceedings having culminated and penalty imposed under section 78 to the extent of 15% of the tax dues, which survives only on account of non-challenge on the part of the respondent, the appeal of Revenue for imposition of full penalty fails to sustain. 5. Accordingly the appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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