2010 (7) TMI 862

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... - Held that:- The benefit of Section 80 of Finance Act, 1994 cannot be extended to the appellant inasmuch as they were aware of their responsibility to file the return in time and to deposit tax within the period. Having not done so, they have invited the penalties under Section 76 and 77 of the Act. The penalty under Section 76 has already been kept by the lower authorities equal to the demand, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... here was also violation of Section 68 of Finance Act, 1994 since there was a delayed payment of service tax ranging from 286 days to 194 days. 2. On the above basis, show cause notice was issued to them on 1-4-07, proposing imposition of penalties under Section 76 and Section 77 of Finance Act, 1994. The lower authorities imposed penalty of Rs. 69,596/- under Section 76 for failure to make full .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . I fully agree with the appellate authority. The benefit of Section 80 of Finance Act, 1994 cannot be extended to the appellant inasmuch as they were aware of their responsibility to file the return in time and to deposit tax within the period. Having not done so, they have invited the penalties under Section 76 and 77 of the Act. The penalty under Section 76 has already been kept by the lower au .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X