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2015 (8) TMI 256 - CESTAT AHMEDABAD

2015 (8) TMI 256 - CESTAT AHMEDABAD - TMI - Penalty u/s 76 & 78 - Services of Erection, Commissioning or Installation and Management, Maintenance or Repair Services - Held that:- Entire service tax of ₹ 7,19,763/- was paid alongwith interest and 25% penalty. It was the case of the advocate appearing on behalf of the appellant that the payment particulars have been incorrectly stated in Para 29 and 36.9 of the Adjudication order and entire penalty of 25% payable under Section 78 of the Fina .....

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Decided in favour of assessee. - Appeal No. : ST/12723/2014 - ORDER No. A/10637 / 2015 - Dated:- 22-5-2015 - Mr. H.K. Thakur, J. For Appellant: Shri S.J. Vyas, Advocate For Respondent: Shri S.K. Shukla, Authorised Representative Per : Mr. H.K. Thakur; This appeal has been filed by the appellant with respect to OIA No. OIA-AHM-SVTAX-000-APP-018-14-15 dated 22.04.2014 passed by passed by Commissioner (Appeals), Ahmedabad upholding OIO No. 41/STC-AHD /ADC (AS)/2012-13 dated 24.01.2013. 2. Shri S.J. .....

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ntire service tax of ₹ 7,19,763/- alongwith interest of ₹ 3,14,851/- and 25% penalty (Rs. 1,93,555/-) has been paid. He made the Bench go through Para 29 and 36.9 of the OIO dated 24.1.2013 passed by the Adjudicating authority to claim that ₹ 1,04,659/- mentioned in the order portion has been incorrectly appropriated when an amount of ₹ 1,93,555/- was paid towards 25% penalty payment. That it has been wrongly mentioned in Para 29 of the OIO dated 24.01.2013 that penalties .....

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