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2016 (9) TMI 192 - CESTAT CHENNAI

2016 (9) TMI 192 - CESTAT CHENNAI - TMI - Imposition of penalty - Section 77(2) of the Finance Act, 1994 business auxiliary services failure to submit list of records maintained - Rule 5(2) of the Finance Act, 1994 SCN Held that: - the show cause notice itself is vague in as much there is no evidence on record that they have not submitted the list of relevant documents at the time of filing of return for the first time, in terms of Rule 5(2) of S.T. Rules, 1994. Based on a mere premise t .....

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der-in-Appeal, they are taken up together for disposal. 2. The issue relates to imposition of penalty under Section 77 (2) of the Finance Act. 3. All the three Appellants were registered with the service tax department and obtained Registration Certificates respectively in the year 2003 under the category of Business Auxiliary Service . They were served with show cause notice dt. 4.7.2013 for their failure to submit the list of records maintained by them in accordance with Rule 5(2) of the Finan .....

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the Commissioner (Appeals) in person and explained their position, seeking cancellation of the registration certificate. He submits that issuance of show cause notice for want of records after 10 years is unsustainable. Even as per Rule 5(3) of Service Tax Rules, 1994, the appellants were not required to preserve the records after five years. He submits that both the authorities have not given any finding on applicability of Rule 5(3). He therefore prayed for setting aside the impugned order and .....

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