TMI Blog2013 (4) TMI 629X X X X Extracts X X X X X X X X Extracts X X X X ..... ow cause notice. It is also to be noted that the appellant herein is a proprietary concern and could not have been aware about the intricacy of discharge of Service Tax liability within the time period. In my view, this is a fit case for invoking the provisions of Section 80 of Finance Act, 1994. Accordingly, the provisions of Section 80 of Finance Act, 1994 invoked and set aside the penalties imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y on an understanding that the Service Tax liability has to be discharged as and when they get payment from BSNL. After receiving the payment from BSNL, the appellant discharged the Service Tax liability, but belatedly. The appellant herein paid voluntarily almost 75 to 80% of the amount of Service Tax before an enquiry was initiated and balance amount along with interest was paid subsequent to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es under Sections 76, 77 78 of Finance Act, 1994. The appellant is before the Tribunal against such an order. 3. Heard both sides and perused the records. 4. On perusal of the records, I find that that the adjudicating authority, while dropping the proceedings initiated for imposition of penalties, as has recorded the following findings:- As regards imposition of penalty, I find from the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regarding waiver of penalty. The said provisions exist in Section 80 of Finance Act, 1994. The first appellate authority s findings that the adjudicating authority has not invoked the provisions of Section 80 seems to be incorrect as the adjudicating authority has specifically held that waiving penalties imposed under Sections 76, 77 78 of Finance Act, 1994, which can be only under the provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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