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M/s. OSA Shipping Pvt. Ltd. Versus CST, Chennai

2016 (8) TMI 149 - CESTAT CHENNAI

Levy of penalty u/s 76 - waiver u/s 80 - reasonable cause - assessee had paid the entire demand along with interest before the adjudication process - Held that:- assessee's business was closed down and they were not in a position to pay the service tax. It is my view that the financial difficulty is not a valid reason for waiving penalty when a statutory payment had not been made - The parameters of section 80 of the Act would not apply as no reasonable cause has been shown. - penalty not waived .....

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oposing a demand of ₹ 3,05,570/- for non-payment of service tax for the period from January 2009 to September 2009, under Section 73 besides proposal for penalty under Section 76 of the Act. However, the appellant assessee paid the demand along with interest proposed in the SCN before adjudication. On adjudication, the Asst. Commissioner confirmed the demand along with interest proposed in the SCN and appropriated the same. Further a penalty under Section 76 of the Finance Act, 1994, was i .....

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0 of the Finance Act would override section 76 of the Finance Act. Due to financial hardship the appellant was not in a position to continue his business and was forced to close down the business. Due to this compelling situation, there was delay in payment of service tax along with interest. However, he submitted that the service tax along with interest was paid before the adjudication proceedings. He further submitted that penal provisions of Section 76 cannot be invoked against a person who f .....

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ase laws wherein penalty was not imposable when there was no intention on the part of the assessee to evade service tax. 4. Hindustan Steel Vs. State of Orissa 1978 (2) ELT (J159) (SC) 5. Price Water House Coopers Dev. Associates Ltd. Vs. CST Bangalore 2008 (11) STR 43 Hence, he prayed to set aside the impugned order. 3. Ld. AR, Shri L. Paneerselvam, AC, appearing on behalf of the Revenue reiterates the findings of the adjudicating authority and submitted that the order is legal and proper. He s .....

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