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TMI Blog2010 (7) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... ng loans to different customers, as well as providing the facilities of issuing Banker's cheques on requisition of the customers. While sanctioning the loans, the respondent is collecting commission for providing such services which fail, under the category of service provided as "Banking and Financial services" with effect from 10-9-2004. The respondent did not register themselves with the department and did not pay the Service tax. However, as soon as it came to the knowledge of the respondent, they immediately obtained the registration and paid the Service tax along with the interest but the adjudicating authority imposed a penalty under Sections 76, 77 and 78 of the Finance Act on the respondent. On appeal, the Commissioner (Appeals) dr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under Sections 76, 77 and 78 of the Finance Act, 1994. I find that the appellant has deposited the amount of Service tax alongwith interest be fore issue of show-cause notice. The show-cause notice has been is sued to the appellant on 22-4-2008 whereas the appellant has deposited the amount of Service tax and interest on 23-1-2007 i.e. much be fore the issue of show-cause notice though after pointing out by the department. 6.3 I find that there are a catena of decisions of various decisions of various appellate for a to the effect that in the initial stages of introduction of this public oriented wide spread new levy, may of the new assessees being ignorant, such procedural delays in taking up of registration and consequent filing of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that no penalty shall be le viable in terms of Sections 76, 77 and 78 of Section 79 - appellate authority having admitted that there was no mala fide on the part of the appellant, should have set aside the entire amount of penalty instead of reducing the same." The Commissioner (Appeals) has given the benefit of Section 80 of the Finance Act, 1994 to the respondent and dropped the penalty. The case law cited by the learned DR is not relevant to this case as in that case the Commissioner (Appeals) did not give the relief to the assessee under Section 80 of the Finance Act. As the Commissioner (Appeals) have considered the issue in detail and exercised his discretion under Section 80 of the Finance Act, 1994, I have no reason to interfere w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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