TMI Blog2016 (3) TMI 853X X X X Extracts X X X X X X X X Extracts X X X X ..... ll be payable and proceedings in respect of such service tax and interest shall be deemed to have been concluded. Here, the show cause notice was issued on 16.10.2014 and the adjudication order was passed on 18.8.2015 and the appellant have discharged the entire service tax along with interest prior to issuance of show cause notice as clearly appearing in the show cause notice itself. Therefore, in view of the aforesaid amended provision in terms of Section 78B(1) (b) read with Section 76 (1) proviso clause (i), the appellant is not liable to penalty under Section 76 of the Act. Therefore, the penalty imposed under Section 76 is waived. - Decided in favour of appellant - Application No. ST/NA(Ors)92163/2016, Appeal No. ST/87453/2015 - Fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a period of 30 days from the date of service of the show cause notice under Sub-section (1) of Section 73, no penalty shall be payable. Therefore Ld. Commissioner has erred in imposing penalty under Section 76 of the Finance ACt. 3. On the other hand, Shri B. Kumar Iyer Ld. Supdt. (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. 4. On careful consideration of the submission made by both the sides. I find that in the Finance Budget 2015, new Section 78B for the Transitory Provisions was introduced w.e.f. 14.5.2015 which reads as follows: Transitory Provisions- 78B. (1) Where, in any case, - (a) service tax has not been levied or paid or has been short-levied or short-paid or erron ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14.5.2015 which reads as follows: Penalty for failure to pay service tax 76. (1) Where service tax has not been levied or paid, or has been short-levied or short-paid, or erroneously refunded, for any reason, other than the reason of fraud or collusion or wilful mis-statement or suppression of facts or contravention of any of the provisions of this Chapter or of the rules made thereunder with the intent to evade payment of service tax, the person who has been served notice under sub-section (1) of section 73 shall, in addition to the service tax and interest specified in the notice, be also liable to pay a penalty not exceeding ten per cent. of the amount of such service tax: Provided that where such service tax and int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, no penalty shall be payable and proceedings in respect of such service tax and interest shall be deemed to have been concluded. In the facts of the present case, the show cause notice was issued on 16.10.2014 and the adjudication order was passed on 18.8.2015 and the appellant have discharged the entire service tax along with interest prior to issuance of show cause notice as clearly appearing in the show cause notice itself. Therefore, in view of the aforesaid amended provision in terms of Section 78B(1) (b) read with Section 76 (1) proviso clause (i), the appellant is not liable to penalty under Section 76 of the Act. I therefore waive the penalty imposed under Section 76 and allow the appeal of the appellant. Miscellaneous application ..... X X X X Extracts X X X X X X X X Extracts X X X X
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