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CC & CE, Hyderabad-IV Versus M/s Saraiwala Agra Refineries Ltd.

2016 (9) TMI 793 - CESTAT HYDERABAD

Imposition of penalty - Section 78 of the Finance Act, 1994 - invokation of revisionary powers of the Commissioner - non-discharge of service tax liability on GTA services - Held that:- it is the case of the Department that as in the earlier SCN dated 28.02.2007 there was allegation of suppression of facts and because in the earlier Order-in-Original there was imposition of penalty under Section 78, the Commissioner in the impugned order ought to have imposed penalty under Section 78 also. I can .....

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- Decided against the Revenue - ST/656/2012 - Final Order No. A/30714/2016 - Dated:- 1-8-2016 - Ms. Sulekha Beevi, C.S., Member (Judicial) Sh. P.S. Reddy, Assistant Commissioner (AR), for the Appellant None for the Respondent ORDER The above appeal is filed by Revenue aggrieved by the non-imposition of penalty under Section 78 of the Finance Act, 1994. 2. The respondents are engaged in the manufacture of refined edible oils and vanaspathi and are trading edible oils as such. The appellants inte .....

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dated 18.03.2008 confirmed demand of ₹ 4,55,208/- towards service tax for the period January, 2005 to June, 2006 along with interest applicable there on. The adjudicating authority also imposed penalty of ₹ 1,30,802/- under Section 78 of the Finance Act besides imposing penalty of ₹ 50,000/- under Section 76 and 77 of the Finance Act, 1994. The assessee preferred appeal before the Commissioner (Appeals) and vide order dated 26.08.2008 the Commissioner (Appeals) confirmed the d .....

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After adjudication vide revision order dated 15.03.2010 a demand of ₹ 13,65,630/- was confirmed. However, no penalties were imposed. The assessee then preferred an appeal to Tribunal. The CESTAT vide order dated 07.03.2011 remanded the matter for denovo adjudication. The adjudicating authority in denovo proceedings, vide the impugned order dated 20.12.2011 confirmed the service tax demand of ₹ 13,65,630/- along with interest and also imposed penalty of ₹ 200/- per day for each .....

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4. The Learned AR appearing on behalf of the Department Sh. P.S. Reddy reiterated the grounds in appeal. He submitted that the impugned order calls for interference for the reason that the Commissioner has failed to impose penalty under Section 78 though the facts of the case reveal suppression of facts. The learned AR pointed out that the respondent had neither taken registration nor paid the service tax during the period 1/2005 to 6/2006. It was only after instruction by the department that th .....

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nance Act, 1994. He contended that for this reason the non-imposition of penalty under Section 78 is not legal or proper. 5. I have considered the submissions made on behalf of department and have perused the records carefully. 6. At the outset, it is to be stated that the present impugned order emanates from the SCN dated 09.02.2010 which was issued under Section 84 of the Finance Act, 1994 invoking the revisionary powers of the Commissioner as it stood prior to 19.08.2009. In this SCN the tota .....

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