TMI Blog2017 (5) TMI 1253X X X X Extracts X X X X X X X X Extracts X X X X ..... period of limitation not invocable - penalty set aside - appeal allowed - decided in favor of appellant. - ST /448/2011-ST[SM] - FINAL ORDER NO. 70339/2017 - Dated:- 15-3-2017 - Mr. Anil Choudhary, Member (Judicial) Shri Vineet Kumar Singh, Advocate, for Appellant Shri D. K. Deb, Assistant Commissioner (AR), for Respondent ORDER Per: Anil Choudhary The appellant-assessee was engaged in providing maintenance and repair including sale of materials used in the course of repair and maintenance, the issue is, whether the extended period of limitation is invokable for the period from 2003-04 to 2006-07. Vide Show Cause Notice dated 14/10/2008. 2. Heard both the parties. 3. The admitted facts on record are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said amount with interest and further penalty was also proposed. The Show Cause Notice was adjudicated on contest vide Order-in-Original dated 18/02/2010, and accepting the claim of material used and sold in the course of repair and maintenance, the demand as raised was dropped. Further, penalty of ₹ 2,64,877/- under Section 76 of Finance Act, 1994 was imposed on M/s Golden Engineering Works and further penalty of ₹ 5,000/- under Section 75-A of Finance Act, 1994, was imposed. Further, the appellant was held, liable to pay interest ₹ 28,392/-. Further, suo-moto amount of ₹ 10,000/- deposited towards penalty under Section 77/70 of Finance Act, 1994, was ordered to be appropriated. Being aggrieved the appellant prefe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Show Cause Notice in October, 2008. The appellant have suo-moto paid the admitted taxes for the prior period from 2003-04 to 2005-06, in March, 2008 and also submitted the returns. In this view of the matter, I set aside the penalties imposed under Section 76 75A of the Finance Act, 1994. Only the amount of interest for delayed payment is retained, further direct the Authority to adjust the amount of interest from the amount of ₹ 10,000/- deposited by the appellant-assessee towards penalty under Section 77/70 of the Finance Act, 1994, which was not imposed, prior to the passing of the Order-in-Original. The appellant shall deposit the balance interest, if not deposited so far and file compliance with the Adjudicating Authority with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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