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TMI Blog2011 (2) TMI 981X X X X Extracts X X X X X X X X Extracts X X X X ..... upply and during the period from 16.06.05 to 31.03.07 appellant defaulted in payment of service tax amounting to Rs.22,30,352/- even though the amount of service tax had been collected from the customers. During the investigation, the appellant paid an amount of Rs.20,37,208/-. After proceedings, the adjudicating authority confirmed the demand for service tax with interest and also imposed penalti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een quite regular in paying the service tax. He also submitted that penalty has also been imposed under Section 76 & 78 of Finance Act, 1994 which is contrary to the settled legal position. 3. We have considered the submissions made by the learned counsel. We find that the appellant's contention that Rs.7,50,000/- should have been adjusted towards pre-deposit out of the amount paid in September 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellants to deposit an amount of Rs.7.5 lakhs was not unreasonable and should have been complied with. This is in view of the fact that even after the payment of Rs.7.5 lakhs, the appellant would have paid approximately 25% towards penalty and full amount of service tax without taking into account the interest liability. 4. In view of the above position, we consider it appropriate that app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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