9911796707
TMI Blog2012 (7) TMI 286X X X X Extracts X X X X X X X X Extracts X X X X ..... ay in filing of the cross objection, an application for condonation of delay has also been filed by the respondent. 2. The respondent are a sub-broker. They had obtained Service Tax Registration in Jan. 2005 and for sometime, filed ST-3 Returns. It appears that subsequently, they stopped paying service tax and filing service tax returns, till inquiry in respect of them was initiated in 2008 and their financial records were examined by the department, in course of which, it was found that they have not discharged the service tax liability of Rs.3,16,851/- for the period 2006-2007 to 2007-2008. The appellant immediately after being pointed out, discharged their service tax liability for the period 2006-07 and 2007-2008 along with interest. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice but this will not save them from the penal provisions of Section 76 and 78 inasmuch as the service tax had not been paid by them by the due date and by not filing the returns, the respondent suppressed the relevant information from the department, that the Commissioner (Appeals)'s order is not correct, as while the department in the appeal before the Commissioner (Appeals) has asked for imposition of penalty on the respondent under Section 76 and 78, he had proceeded to set aside the penalty, which, in fact, had not been imposed by the Asstt. Commissioner and that in view of this, the impugned order is not correct. 5. Shri Pankaj Sethi, Chartered Accountant, ld. Counsel for the appellant pleaded that delay of 5 days in filing of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 had been paid. It is not disputed that immediately after non-payment of service tax was pointed out, the same was paid along with interest. The lower authorities have treated this as a case covered under Section 73 (3) of the Finance Act, 1994 under which where any service tax has not been levied or has been short-levied or short paid or erroneously refunded, the persons chargeable with the service tax, or the person to whom such tax refund has erroneously been made, may pay the amount of such service tax, chargeable or erroneously refunded on the basis of his own ascertainment thereof, or on the basis of tax ascertained by a Central Excise officer before service of notice on him under sub-section (1) in respect of such service tax, and i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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