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2016 (1) TMI 395 - CESTAT ALLAHABAD

2016 (1) TMI 395 - CESTAT ALLAHABAD - TMI - Levy of penalty u/s 77 and 78 - appellant sought the benefit u/s/ 73(3) since it had already deposited the entire service tax objected by the Audit - Held that:- the transaction was properly recorded in the books of account regularly maintained by the assessee/appellant.- the issue was interpretational of notification and exempt on provisions and no active concealment or contumacious conduct having been found on the part of the appellant - penalty impo .....

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, Noida. 2. The issue involved in this appeal, is whether the imposition of penalty equivalent to service tax under Section 78 of the Finance Act, 1994, is proper or not. 3. The brief facts of the case are that during course of Audit, it was observed that the appellant have not paid service tax amounting to ₹ 1,08,655/- during the period 3/3/09 to 19/5/09 on account of taxable service provided to the customers located in SEZ, Noida. Under notification Number 9/2009 - ST dated 3/3/2009, app .....

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eared to Revenue that the appellants were required to pay an amount equal to 5% or 6% of the value of exempted services under Rule 6 (3)(i) of Cenvat Credit Rules, 2004. On such, realization for exempt service was of ₹ 4,39,721/- and attracts service tax of ₹ 29,481/-. It was further mentioned in the show-cause notice dated 29.08.2013 that the appellants have paid a total amount of ₹ 1,08,655/- ( Rs. ₹ 79,174/- + ₹ 29,481/-) vide e-receipt Sl.No.50124 dated 11.04.20 .....

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-cause notice was confirmed along with demand of interest and observed that the appellant deposited the whole amount of service tax prior to issuance of show-cause notice and penalty of ₹ 1,08,675/- was imposed under Sections 77 & 78 of the Finance Act, 1994 on account of failure to pay service tax in time, suppression of material facts from the department by not reporting in the Service Tax-3 Returns. 4. Being aggrieved, the appellant preferred an appeal before the ld.Commissioner (Ap .....

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