TMI Blog2013 (2) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... arge of service tax liability from September 2004 to July 2005 is to be correct as on date. Since the appellant, State Bank of India has already discharged the service tax liability such service tax liability need not have been paid by them as per the decision given by this Bench in the case of Canara Bank (2012 (6) TMI 274 - CESTAT, AHMEDABAD) - no reason for visiting the appellant with penalty that has been imposed by the lower authorities. Accordingly, the assessee's appeal for setting aside the penalties imposed by the lower authorities is allowed and Revenue's appeal for imposing penalty under Section 76is rejected. - ST/603 and 692 of 2011 - - - Dated:- 5-2-2013 - Mr. M.V. Ravindaran, J. Appellant by : Shri K. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 31.3.2007. Therefore, appellant was served with show cause notice on 19.10.2009 proposing to recover inter-alia (a) Rs. 9.80,215/- being service tax not paid and (b) the interest payable under Section 75 of the Finance Act, 1994 on the above amount of service tax. After due process, the adjudicating authority passed an order confirming the demand of service tax of Rs. 8,81,090/- and interest thereof. He also imposed penalty of equal amount under Section 78 of the Finance Act, 1994. However, he has not imposed any penalty under Section 76 and 77 of the Finance Act, 1994. 4. Aggrieved by such an order of the adjudicating authority, appellants State Bank of India and department preferred appeals before the first appellate authority. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the issue involved in the appeal of the Revenue is that the assessee was not penalized under Section 76. It is his submission that he is not aware whether the Revenue has accepted the judgment of the Tribunal in the case of Canara Bank. It is his submission that the ratio laid down in the judgment in Canara Bank is on the similar lines. 7. On careful consideration of the submissions made by both sides, I find that the issue involved in this case is regarding service tax to be discharged on the amounts of commission received by the appellant from the Govt. of India. It is seen from the record that the appellant is claiming that they have discharged the entire service tax liability and in respect of which they have produced a certifica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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