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2015 (7) TMI 716 - CESTAT AHMEDABAD

2015 (7) TMI 716 - CESTAT AHMEDABAD - 2016 (42) S.T.R. 65 (Tri. - Ahmd.) - Penalty u/s 78 - whether penalty under Section 78 of the Finance Act, 1994 is required to be imposed upon the appellant who has paid the entire differential service tax liability before the same was detected by Revenue - Held that:- Differential service tax amount was paid by the appellant before the date of visit of the audit officers. Only the interest amount was not paid by the appellant, which also was paid by the app .....

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out by the audit. In the instant case no intention to evade payment of service tax can be attributed on the part of the appellant and penalty under Section 78 of the Finance Act, 1994 is not imposable - Decided in favour of assessee. - Appeal No. ST/13311/2014 - Final Order No. A/10817/2015-WZB/AHD - Dated:- 18-6-2015 - H K Thakur, Member (T),J. For the Appellant : Shri Manoj N Makhania, CA For the Respondent : Shri Govind Jha, AR ORDER Per: H K Thakur: This appeal has been filed by the appella .....

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nce Act, 1994. That during the course of audit of the appellant an income of ₹ 1,10,11,000/- was found disclosed to the Income Tax department under Section 133A of the Income Tax Act, 1961. That before the date of audit, the appellant had already paid the differential service tax of ₹ 3,40,240/- and interest of ₹ 27,219/- was immediately paid by the appellant as pointed out by the audit. It was the case of the learned Chartered Accountant that when differential service tax amou .....

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d that appellant has paid service tax only after the raids conducted by Income Tax department and after certain income was disclosed to the Income Tax department, which was required to form the assessable value under Finance Act, 1994. He relied upon order No. A/754/WZB/AHD/2010 dated 23.06.2010 passed by this Bench where under similar circumstances the penalty imposed upon the appellant was upheld. 4. Heard both sides and perused the case records. The issue involved in the present proceedings i .....

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