TMI Blog2017 (8) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... iod in question had been an area of dispute between the Revenue and the assesse, and it became clear only after the decision of the Hon’ble Bombay High Court in the case of Indian national Ship Owners Association Vs. UOI [2008 (12) TMI 41 - BOMBAY HIGH COURT] - delay in payment of service tax cannot be attributed to the mala fide intention of the Appellant, but due to the delay of response of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t submits that in the present appeal, the appellant had received External Commercial Borrowings (ECB) during 2006-07 for their Windmill Project in India and for this purpose they had engaged service of some financial institution. They paid an amount of ₹ 91,56,750/- to ICICI Bank, Hong Kong through ICICI Bank Headquarters located in India on 24.3.2007. An objection was raised by the Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... outset submitted that in the present case, the appellant are not disputing the liability of service tax paid by them, however, imposition of penalties under Section 76 and 78 of the Finance Act, 1994 have been contested. It is his contention that even though the objection was raised way back in the year 2007, however, a communication has been addressed to ICICI Bank for clarification about liabili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tween the Revenue and the assesse, and it became clear only after the decision of the Hon ble Bombay High Court in the case of Indian national Ship Owners Association Vs. UOI - 2009 (13) STR 235 (Bom.). Besides, delay in payment of service tax cannot be attributed to the mala fide intention of the Appellant, but due to the delay of response of the ICICI Bank. Therefore, in these circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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