TMI Blog2014 (6) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... nue. Its stands very clearly stated by the appellant in their various communications addressed to the jurisdictional Central Excise Officers that the service tax is not being deposited because of the delay occurring for name change in the agreement, the duty liability was accepted by the appellant and was actually deposited alongwith interest even before the issuance of show cause notice. In such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.2008 the said proprietary unit was taken over by M/s. GSCO Infrastructure Pvt. Ltd. Accordingly, the old company applied to M/s. Northern Coalfield Ltd. for change in the name of agreement, As the said request was taking time at the end of M/s. Northern Coalfields Ltd., the appellant intimated their jurisdictional Central Excise Officers indicating that though they have surrendered their old ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 76 of the Finance Act. 3. Ld. Advocate appearing for the appellant submitted that it is not a case of any malafide so as to attract the penal provisions. The service tax liability was admitted by the appellant and due intimation was given to the Revenue as regards non-deposit of the same on account of change in the name of the present assessee in the agreement entered into with M/s. Northe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause notice. In such scenario, we find no justification for imposition of penalty on the assessee in terms of the provisions of section 80 of the Finance Act, 1944. Accordingly, while confirming the duty and interest as not contested, we set aside the penalty imposed upon the appellant and allow the appeal with consequential relief to him. (Dictated Pronounced in the open Court). - - Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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