TMI Blog2016 (10) TMI 797X X X X Extracts X X X X X X X X Extracts X X X X ..... enting of immovable property and sale of space for advertisements. It is further evident that the Ld. Commissioner (Appeals) have found that there is no element of fraud or suppression on the part of the appellant-Nagar Palika Praishad and accordingly have deleted the penalty under Section 76 & 78 of the Act. Extended period of limitation - once it is held that there was reasonable cause for failure to pay tax and the penalties have been deleted, as a corollary invocation of the extended period of limitation is equally and unjustified. The appellant-assessee is not liable to pay tax for the extended period and shall be liable to pay the tax only for the normal period with interest. decided partly in favor of assessee. - ST/55827-ST ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12.2013, the proposed demand were confirmed with equal amount of penalty under Section 78. Further, penalty was imposed under Section 76 and Section 77 of the Act. 3. Being aggrieved, the appellant preferred appeal before the I-d. Commissioner(Appeals) who vide the impugned order was pleased to allow the appeal in part, confirming the demand of service tax but holding that the appellant is not liable to penalty under Section 76 and Section 78. However, the penalty under Section 77 of ₹ 10,000/- was confirmed. 4. The appellant is in appeal, being aggrieved by the confirmation of demand for the extended period, where as the Revenue is in appeal aggrieved by deletion of penalty under Section 76 78 of the Act. 5. Heard the part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for failure to pay tax and the penalties have been deleted, as a corollary invocation of the extended period of limitation is equally and unjustified. 7. Accordingly, following the precedent Ruling of this Tribunal, I am satisfied the same is applicable squarely in the facts of the present case. Accordingly, I hold that the appellant-assessee is not liable to pay tax for the extended period and shall be liable to pay the tax only for the normal period with interest. The appellant-Nagar Palika Parishad is directed to calculate the tax and interest payable for the normal period, deposit the same within a period of 45 days from the date of receipt of a copy of this order, and give intimation to the Revenue for verification. On such verifica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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