Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2010 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (12) TMI 781 - AT - Service Taxleviability of penalty - the appellants did not deposit the amounts as soon as it was collected or at the time when they were supposed to deposit with the Government. Be that as it may, entire dues were paid on 31-3-2007 along with interest while show-cause notice was issued on 24-9-2007. This case is not the case for imposition of penalty under Section 78 as there was no suppression of facts. In view of this, we set aside equal penalty imposed under Section 78 of the Finance Act, 1994 on this amount by the Adjudicating Authority. We uphold the penalty imposed by the Adjudicating Authority on this amount under Section 76 of the Finance Act, 1994. As regards the eligibility to avail the abatement of 67% as per the Notification No. 1/2006, we find from the perusal of the documents produced before us, that the appellants had reversed the entire amount of Cenvat Credit taken on common inputs, and his plea as to applicability of provisions of Rule 6(3) of the Cenvat Credit Rules, needs to be gone into detail by the appreciation of the evidences on record, which could not be done by this Tribunal at this juncture as the Adjudicating Authority has not recorded any findings on these pleas. In view of this, we set aside the demands, interest thereon and the penalties
|