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2015 (9) TMI 834 - KARNATAKA HIGH COURT

2015 (9) TMI 834 - KARNATAKA HIGH COURT - TMI - Penalty u/s 78 - Delay in depositing service tax - Held that:- The Tribunal has recorded a finding that the appellant has paid the entire amount of Service Tax and that there was insufficiency of the grounds for imposing penalty under Section 78 of the Finance Act. We find no reason to differ with the findings recorded by the Tribunal, which is the last fact finding authority. As such, we do not find that the ingredients of Section 78 of the Financ .....

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ee had collected Service Tax but there was some delay in payment of the same. A substantial portion of the Service Tax has already been paid along with interest, much prior to the issue of show-cause notice by the appellant. It is submitted that the entire Service Tax for the period in question along with interest has already been paid. Since there was delay in depositing of Service Tax, a show-cause notice was issued to the respondent-assessee and after accepting the explanation given by the as .....

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