TMI Blog2016 (11) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... that appellant had accounted for entire service tax payable as an outstanding in their books of accounts which shows that they had bonafide intention to discharge the service tax. Even if the service tax was collected but shown as a outstanding in the balance sheet, it can be construed that appellant had no malafide intention - appellant showed the reasonable cause for non payment of service tax on due time. Interest on the said service tax also paid by the appellant separately as per the direction of this Tribunal - appellant entitled for waiver of penalty under Section 76,77 and 78 in terms of Section 80 of the Finance Act, 1994, therefore penalties set aside - demand of tax with interest maintained - appeal disposed off - decided partl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,56,594/- 3. 06/2002-02 dt. 21.12.04 1,76,916/- 4. 07/2002-02 dt. 21.12.04 2,08,868/- 5. No. Nil dt. 03.01.05 4,68,322/- 6. No. Nil dt. 25.01.05 5,00,000/- 7. No. Nil dt. 09.02.05 5,00,000/- 8. No. Nil dt. 19.03.05 10,00,000/- 9. No. Nil dt. 31.03.05 21,00,000/- 10. No. Nil dt. 13.05.05 3,40,348/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly. The ripple of the same were felt in India to a large extent as the major work force in the Information Technology industry hails from India. Due to this crisis which struck the information technology industry world over serverly impacted the appellant business, their cash flow and their profitability, due to this reason service tax could not be paid in time, however this is not case where appellant had malafide intention to evade service tax. Appellant have shown outstanding in their balance sheet which clearly established the fact that appellant at all times intended to pay their liability. Through their Chief Executive Officer in the statement undertaken to discharge the entire service tax liability and according ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Global Ltd Vs. Addl. Commr. Of Service Tax, Vadodara[2015(38) S.T.R. 14(Guj)] (f) Triton Communication Pvt Ltd Vs. Commissioner of Ex. Mumbai[2007(6) S.T.R. 58(Tri. Mumbai)] (g) Commissioner of C. Ex. Kolkata-I Vs. Gurdian Leisure Planners Pvt Ltd [2007(6) S.T.R. 32(Tri. Kolkata)] (h) Inma International Security Academy P. Ltd Vs. C.C.E. Channai[2006(1) S.T.R. 289(Tri. Chennai)] (i) Kala Sagar Vs. Commissioner of Service Tax, Mumbai-II[2015(38) S.T.R 1017 (Tri. Mumbai)] 4. We have carefully considered the submissions made by both sides and pursed the record. 5. As regard the tax liability of the services, we find that services provided by the appellant are indeed taxable and the same is liable for ser ..... X X X X Extracts X X X X X X X X Extracts X X X X
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