TMI Blog2013 (3) TMI 542X X X X Extracts X X X X X X X X Extracts X X X X ..... irm and there is no entity can be identified without the proprietor. Therefore, the person providing the service is only Shri S.N.Mahajan whether he is providing the services in the name of Veerjawan Securities or Jai Jawan Securities. - Demand of service tax confirmed. Regarding penalty - held that:- in the show-cause notice, no allegation has been made against the appellant for fraud, therefore penalty under Section 78 is waived. Penalty under Section 75A and 77 stands confirmed. - ST/163/10 - A/215/2012/SMB/CIV - Dated:- 22-6-2012 - Ashok Jindal, J. Appellant Rep by: Shri Prem Kumar, Adv. Respondent Rep by: Shri V.K. Singh, Addl. Commr.(AR) Ashok Jindal, J. The appellant has filed this appeal against the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel for the appellant submits that the demand in this case has been raised against the assessee namely Veerjawan Securities which came into existence in May 2002. Therefore, the demand for the period prior to May 2002 are not sustainable. He further submitted that as there is no allegation of suppression or misrepresentation etc. has been alleged against them in the show-cause notice, therefore penalty under Section 78 is also not sustainable. In view of these, he prays that impugned order be set aside, relief be granted as prayed and demand requantified. 4. On the other hand, Shri V.K.Singh, AR strongly opposed the contention of the ld. counsel and he submitted that in the statement recorded during the course of investigation, Shri S.N.M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ai Jawan Securities. Therefore, I hold that demands have been rightly quantified by the lower authorities for the period 16.10.1998 to 30.09.2003. Accordingly, impugned demand of Rs.2,42,270/- is confirmed along with interest. 7. I have perused the show-cause notice and in the show-cause notice, no allegation has been made against the appellant for fraud, collusion, willful mis-statement or suppression of fact or contravention of provisions with an intend to evade payment of service tax. As no specific allegation has been made in the show-cause notice, therefore the penalty under Section 78 cannot be imposed as the show-cause notice is the foundation of the case, therefore penalty under Section 78 is waived. Penalty under Section 75A and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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