TMI Blog2015 (6) TMI 783X X X X Extracts X X X X X X X X Extracts X X X X ..... ce Tax under the new head of classification immediately. Further, in the impugned order, the learned Commissioner (Appeals) have found certain amounts as not taxable under the head Management Consultant Service and have also found that the assessee is entitled to cum tax benefit as Service Tax has not been charged separately in the bills raised for underwriter s service, which escaped tax. In this view of the matter, I hold neither extended period of limitation is attracted nor any penalty is imposable under Section 76 or 78. Upholding the impugned order in part, I further set aside the penalty under Section 78 as imposed in the impugned order. - Decided in favour of assessee. - Appeal No. ST/525 & 528/11 - Final Order No. A/1716-1717/2015 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -cause notice, on perusal by this Tribunal is found to be lacking of very basic facts as to whether in what manner the assessee was made aware to discharge their obligation to pay Service Tax for underwriting commission and for the Management Constant s service. The show-cause notice is also silent as to whether the assessee admitted its liability or not and/or whether reasonable opportunities were provided to the assessee for depositing the tax, if any, admitted by the appellant. Further, from the Order-in-Original and other documents on record, it is evident that the assessees have filed amendment in registration certificate on 14.8.2002 for inclusion of service like underwriter s services and management consultant s service. The amended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was confirmed under the Head Underwriter Services for the period 1998-99 and 1999-00, upholding the invocation of extended period of limitation. Further, interest was also directed to be paid under Section 75 and further penalty under Section 76 @ ₹ 100/- per day from the due dates of payment of Service Tax till the actual dates of payment of Service Tax was imposed and further penalty for concealment of particulars from the Revenue, was imposed under Section 78 for ₹ 20,82,874/-. 2.1 Being aggrieved, the appellant preferred appeal before the Commissioner (Appeals), who vide the impugned order found that Corporate Advisory Service did not qualify as Management Consultant Service and thereby reduced the demand of ₹ 13,92 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able cause have short deposited the Service Tax for underwriting service. Accordingly, the penalty under Section 76 was set aside as not called for, and penalty under section 78 was reduced to ₹ 6,57,143/- being amount equivalent to Service Tax payable for underwriting service. 3. The learned Counsel for the assessee states that in view of the finding on record, it is evident that all the transactions are duly recorded in the Books of Account regularly maintained. It is further admitted that the assessee is regularly paying the tax and filed the return, save and except in stray instance Service Tax has not been charged in the bill and not paid, is merely a case of oversight. Further, no case of deliberate default is made out with a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd/or deliberate default of provisions of Act or Rules is made out against the assessee. The transactions have been found to be duly recorded in the Books of Account, as found by the Audit party. Further, the appellants have immediately applied for amendment to registration certificate pursuant to Audit showing willingness to pay for difference in balance-sheet and ST-3 returns. Further, it is seen that after grant of amended certificate of registration have deposited Service Tax under the new head of classification immediately. Further, in the impugned order, the learned Commissioner (Appeals) have found certain amounts as not taxable under the head Management Consultant Service and have also found that the assessee is entitled to cum tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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