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2018 (7) TMI 1374 - AT - Service TaxPenalties - the allegation is that the appellants have made expenditure in foreign currency towards the professional and consultancy charges in respect of which they had discharged the service tax liability - Held that:- Regarding service tax demand of ₹ 13,01,708/-, the appellants have reversed the amount. As regards, service tax demand for the period, 2010-2011 and 2011-2012, they have paid the entire demand of service tax along with interest and the same stands appropriated by the adjudicating authority. It is also observed that the demand of ₹ 40,000/- being late fees for the service tax return for the period April, 2011 to September, 2011 and October, 2011 to March, 2012, has also been paid and there is no occasion to impose and the separate penalty for the same and the Commissioner (Appeals) has rightly set aside the same - Since the appellant-assessee has paid the entire amount of service tax along with interest before issuance of show-cause notice, the Commissioner (Appeals) has rightly set aside the penalty by invoking the provisions of Section 80. Penalties set aside - appeal dismissed - decided against Revenue.
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