TMI Blog2017 (9) TMI 261X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the tax liabilities - There is no material available on record with regard to allegation of fraud, suppression of facts, etc. Taking into consideration the facts leading to delay in depositing tax, it is appropriate that the imposition of penalty u/s 76 should be waived - appeal allowed - decided in favor of appellant. - ST/70144/2013 & ST/76272/2014 - A/75035-75036/KOL/2017 - Dated:- 12-1-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of service tax along with applicable interest suo motu before filing the return. On the basis of the ST-3 Returns filed by the appellant and the intimation about payment of interest, show cause notice was issued proposing to impose penalty under Section 76 of the Finance Act, 1994 for non-payment of Service Tax in contravention of Section 68 of the Finance Act, 1994. On adjudication, the Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing authority and relied upon the decision of Spic Span Security Allied Service (I) P. Ltd. v. CCE, New Delhi - 2006 (1) S.T.R. 320 (Tri.-Del.). 4.Heard both sides and perused the appeal records. 5. I find that the appellants are not contesting the amount of service tax and they are admitting that there was delay in depositing the service tax. I find that the appellant explained the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 37/46/2015-S.T., dated 18-8-2015 may be referred and the relevant portion is quoted below : 3.2 It is further clarified that as per Section 73(3) of the Finance Act, 1994, in case not involving fraud, suppression of facts, etc. if the assessee pays the tax and interest thereon, on the basis of his own ascertainment or that ascertained by the department, no penalty is payable and no show cau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 11AC of the Central Excise Act, 1944. There is no material available on record with regard to allegation of fraud, suppression of facts, etc. Taking into consideration the facts leading to delay in depositing tax and the Board s Circular, it is appropriate that the imposition of penalty under Section 76 should be waived. 6. In view of the above discussion, the penalty is waived and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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