9911796707
TMI Blog2012 (8) TMI 716X X X X Extracts X X X X X X X X Extracts X X X X ..... hallenging the order passed by the Commissioner of Service Tax and the First appellate authority dated 23-3-2007 before the Commissioner of Central Excise (Appeals) by the respondent herein has been allowed by setting aside the penalty imposed by the Assistant Commissioner of Service Tax in the Order-in-Original No. 86/2006, dated 21-6-2006. 2. The material facts necessary for the disposal of this appeal are as follows : The Anti Evasion Wing of the Service Tax Commissioner having gathered Intelligence to the effect that M/s. Fruiton Informatics (P) Ltd., No. 315, 100 Ft. Road, Indira Nagar, Bangalore-560038 were providing taxable service in the category of Commercial Training and Coaching and have not taken Registration nor paid the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only) under Section 73 of the Finance Act, 1994. 2. I appropriate the amount Rs. 1,39,952/- (Rupees One lakh thirty nine thousand nine hundred and fifty two only), paid by them towards the demand at Sl. No. 1. 3. I confirm the demand of interest under Sec. 75 of the Finance Act, 1994. 4. I appropriate the amount of Rs. 12,760/- (Rupees Twelve thousand seven hundred and sixty only) already paid by them as interest towards the demand at Sl. No. 3 above. 5. I impose a penalty of Rs. 100/- per day of everyday during which the failure to pay Service Tax continued under the provisions of Section 76 of the Finance Act, 1994. 6. I impose a penalty of Rs. 1,39,952/- (Rupees One lakh thirty nine thousand nine hundred and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e finding of the appellate authority is contrary to the provisions of Sections 76 and 78 of the Act?" We have heard the learned counsel appearing for the appellate and the counsel appearing for the respondent. 3. The learned counsel appearing for the appellant vehemently argued that admittedly there was delay in payment of tax. Interest had been deposited but no penalty was deposited as per the mandatory requirement under Section 76 of the Act and no explanation whatever was offered to make out reasonable cause for waiving the penalty in exercise of the powers under Section 80 of the Act. The learned counsel had taken us through the reasoning assigned by the assessing officer, the original authority in passing the order. The learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n has been accepted by the appellate authority and confirmed by the appellate authority in exercise of the powers under Section 80 of the Act for waiver of penalty imposed under Section 76 of the Act. Having regard to the said reasoning assigned by the appellate authority and the Tribunal we hold that the concurrent finding of fact arrived at by the first appellate authority and the Tribunal that a ground is made out for waiving of the penalty 80 of the Act is justified and does not suffer from any perversity or arbitrariness so as to call for interference. Accordingly, we answer the substantial questions of law against the Revenue and hold that the appeal is devoid of merits and pass the following order :
The appeal is dismissed. X X X X Extracts X X X X X X X X Extracts X X X X
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