TMI Blog2016 (4) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... ce tax liability on the services rendered by them. Also no financial hardships were explained by the appellant to suggest that service tax could not be paid due to financial hardships. It is also observed that Show Cause Notice in this case was issued on 12.03.2008 which is prior to the date of amendment made in Section 78 of the Finance Act, 1994, therefore both the penalties under section 76 and 78 of the Finance Act, 1994 are imposable upon the appellant. No option for payment of 25% reduced penalty under section 78 ibid was extended. It is a well settled law that 25% option of reduced penalty can even be extended at the appellate stage when no such option was extended by the lower authorities. Accordingly, the appellant is extended t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ients. It was very strongly argued that penalties under section 76 and 78 of the Finance Act, 1994 are not imposeable upon the Appellant. As an alternative argument it was submitted that no option for reduced payment of 25% penalty under section 78 of the Finance Act, 1994 was extended by the Adjudicating Authority to the Appellant. 3. Sri A.Roy, Suptd.(A.R) appearing on behalf of the Revenue argued that as per contracts entered between the Appellant and M/s. Tata Steel Ltd., Jamshedpur there was a specific clause relating to separate mention of service tax applicable in the invoices. Ld. A.R made the bench go through the relevant clauses of the representative contracts so entered. He further argued that as per ST-3 return for the period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in the contract entered between the Appellant and M/s. Tata Steel Ltd., Jamshedpur. The invoice for services rendered should indicate separately the value of taxable service, the service tax applicable thereon and the Education Cess and should contain the particulars prescribed in the CENVAT Credit Rules, 2004 for the purpose of availment of CENVAT credit by us. If the CENVAT credit cannot be availed by us and/or if the credit availed on the basis of such invoice is denied, then you shall be responsible for compensating us with respect to the amount of tax as well as any consequential charges, i.e., interest and penalty. 4.1 It is observed from the above clause of the communication made to the Appellant by M/s. Tata Steel Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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