TMI Blog2015 (5) TMI 948X X X X Extracts X X X X X X X X Extracts X X X X ..... g authority to re-quantify the interest. Further, I do not find any valid ground put forth by the Revenue against dropping of penalty by the Commissioner (Appeals). The lower appellate authority has waived the penalty taking into consideration of the fact that the respondent has already paid the service tax. Considering the interest amount itself is reduced from ₹ 1,33,004/- to ₹ 73,369/-, I do not find any infirmity in the impugned order in so far as setting aside the penalty. Accordingly, revised interest amount of ₹ 73,369/- worked out by the department as per the direction of the Commissioner (Appeals) is upheld and waiver of penalty is upheld - Decided against Revenue. - ST/122/2009 - - - Dated:- 17-3-2015 - R Peri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) Service Tax payable on the said amt (Rs.) Actual date of payment of ST specified in (iv) by TPT Due date for payment of ST specified in (iv) No. of days by which the payment of tax had been delayed Interest payable by TPT on the delayed payment @15% upto 09.09.2004 and @13% w.e.f 10.09.2004 (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) 1 3458922 Aug-04 276714 02-02-2005 05-09-2004 150 14844 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the total interest amount payable was quantified as ₹ 73,369/-. Taking into the above reworking of the interest amount, there is no infirmity in the order of the appellate authority directing the lower authority to re-quantify the interest. I find that the amount re-quantified by the department is the correct interest amount payable for the delayed payment of service tax. Therefore, there is no infirmity in the impugned order directing the adjudicating authority to re-quantify the interest. Further, I do not find any valid ground put forth by the Revenue against dropping of penalty by the Commissioner (Appeals). The lower appellate authority has waived the penalty taking into consideration of the fact that the respondent has already p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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