TMI Blog2015 (4) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... e penalty shall not be less than, but which shall not exceed twice, the amount of Service Tax not levied, not paid or short paid. As the period of dispute involved in this case is 16.06.2005 to 31.03.2010 the provisions of Section 78- as it stood before its amendment vide Finance Act, 2011, w.e.f. 08.04.2011- will apply - Appellant directed to make pre deposit - Stay granted. - Application No. ST ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he service tax returns. As the challan was duly certified by the bank for the payment of service tax, they were not aware of the fraud played by the Consultant. Under the circumstances, the learned Advocate submits that the benefit of Section 80 of the Finance Act 1994, be given to the applicants and the requirement of pre-deposit of penalty waived. In support of their contention, the learned Advo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e benefit to the assessee under Section 80 of the Finance Act, 1994. Against the said order, the Revenue filed an appeal before this Tribunal and this Tribunal has found no infirmity in the impugned order but in this case the Commissioner (Appeals) has observed as under:- 24. Accordingly, I hold that as the appellants have short-paid/evaded service tax, by reasons of fraud, and mis-representat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of Section 78. 5. In view of the above, I do agree with the observation of the learned Commissioner (Appeals). Accordingly, I direct the applicants to make a pre-deposit of 25% of the penalty within four weeks and report compliance on 13.07.2012. On such compliance being reported, the balance amount of penalty shall remain stayed during the pendency of the appeal. Dictated in Court. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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