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2015 (10) TMI 2293 - CESTAT BANGALORE

2015 (10) TMI 2293 - CESTAT BANGALORE - TMI - Penalty under Section 76 and 77 of Finance Act, 1994 - Amount of service tax collected from the clients but not deposited - At the instance of Audit party, service tax deposited before issuance of SCN - Appellant states that it had no mala-fide intention to evade tax Further pleads to set aside penalty as appellant is facing financial difficulties Held That:- After the audit, fact came into light that appellant received service tax amounts from s .....

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ring the course of audit of the appellants record, it was noticed that they have not paid service tax to the tune of ₹ 51,65,920/- for the period April 2009 to September 2009. The appellant admitted their service tax liability but contended that they were providing services to M/s Kingfisher Airlines, who were not making payment regularly to them. On receipt of such payment from M/s Kingfisher Airlines, the amounts were used for their business purpose like EMI for the loan taken, drivers .....

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ever is higher, under Section 76 of the Finance Act and penalty of ₹ 1000/- under Section 77 of the Finance Act. 3. Challenging the imposition of penalty, learned advocate for the appellant submits that the appellant did not have any mala fide intention to evade payment of service tax inasmuch as they were filing Returns duly reflecting the service tax required to be deposited. He, however, fairly accepts that the service tax amount stand received by them from M/s Kingfisher Airlines who w .....

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