9911796707
TMI Blog2016 (6) TMI 1419X X X X Extracts X X X X X X X X Extracts X X X X ..... ELD THAT:- Service tax liability has not been discharged by the appellant within the stipulated time prescribed in Rule 6 of the Service Tax Rules, 1994. Thus, interest liability is automatic and as such, confirmation of such liability by the authorities below is in conformity with the statutory provisions. Penalty u/s 76 - HELD THAT:- Imposition of equal amount of penalty under Section 76 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ginal authority for proper computation of the quantum of penalty - Appeal allowed by way of remand. X X X X Extracts X X X X X X X X Extracts X X X X ..... ility. Thus, he submits that there is no loss to the Government exchequer, and as such, interest and penalty cannot be imposed on the appellant. 3. On the other hand, ld. A.R. for Revenue reiterates the findings recorded in the impugned order. 4. Heard both sides and perused the records. 5. I find that Service tax liability has not been discharged by the appellant within the stipulated time pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imposed, I am of the view that impugned order imposing penalty of equal amount of tax is not sustainable under law. Since nothing is available on record to show the time of payment of the tax amount, it is difficult to calculate the exact amount of penalty, which can be payable by the appellant. Therefore, the matter needs to go back to the original authority for quantification of the quantum of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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