TMI Blog2015 (3) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... is of receivable basis and during the impugned period, service tax required to be paid on receipt basis. Therefore, it cannot be termed in the facts and circumstances of the case, that the appellant was having a malafide intention to suppress true facts to ascertain the service tax liability. Although the appellant has not disputed the service tax liability which have been paid along with interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case are that the appellant is engaged in providing various services. They are having separate units located in separate places. As per the Companies Act, they have to maintain consolidated records of the financial transactions as well as final accounts and on the basis of the financial accounts, they were filing the service tax return and paying service tax accordingly. During the impugned period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant as service tax payable, which has been paid by the appellant along with interest but the Adjudicating Authority imposed various penalties under the Finance Act, 1994. On appeal, the same has been confirmed by the Commissioner (Appeals). Aggrieved from the same, appellant is before me seeking immunity against imposition of penalty under Section 80 of the Finance Act, 1994. 3. The ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave rightly imposed penalty on the appellant. 5. Heard both sides. Considered the submissions. 6. In this case, the show-cause notice was issued to the appellant for larger amount but after reconciliation, the amount came down to ₹ 4,22,703/- Further the figure shown in the balance sheet are on the basis of receivable basis and during the impugned period, service tax required to be pai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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