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2015 (10) TMI 2152 - CESTAT KOLKATA

2015 (10) TMI 2152 - CESTAT KOLKATA - TMI - Waiver of Pre-deposit of penalty under Section 77 & 78 of Finance Act, 1994 Petitioner contends that service tax liability was discharged before the issue of SCN and there was no intention whatsoever to evade payment of Service Tax Further contends that there was a misunderstanding of the conditions mentioned in the contract on payment of Service Tax leading to a delay in payment of the same and offers to make some payment at this stage Held That .....

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This is an application seeking waiver of pre-deposit of penalty of ₹ 2.89 Crores imposed under Section 78 and penalty of ₹ 5,000/- under Section 77 of the Finance Act, 1994. 3. At the outset Shri Suman Chetia, ld.Adv. had informed that the entire amount of Service Tax of ₹ 2.89 Crores and interest of ₹ 49.10 Lakhs had been paid before issuance of show cause notice. It is his submission that taxable services have been rendered to various Government department and Public Se .....

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