2010 (6) TMI 292

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... on services. One such service was rendered to their client, during the period 2004-05. However, the consideration for the same was received subsequently in 2006-07. The appellants deposited the service tax to the department by adopting the rate of 10 per cent as was applicable during 2004-05. The lower authorities have, however, entertained a view that the rate of service tax required to be applie .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... that penalty under section 76 is to the extent of Rs. 1,38,197, whereas the said section provides maximum penalty equal to the service tax confirmed.   4. After hearing the learned SDR, I find merits in the above contention of the learned advocate. In addition, the service tax along with interest has already been deposited, I dispense with the condition of pre-deposit of penalty amount. It i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X