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TMI Blog2018 (3) TMI 1426X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. The present appeal is confined to the extent of non levy of penalty under section 80 of the Finance Act, 1994. 2. Mrs. Bharaswadkar Patil, the learned advocate for the appellant submits that ignorance of law cannot be an excuse for non-payment of tax. The non-payment of tax and/or short payment of tax would attract penalty. The learned advocate submits that the authorities below have failed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not be appropriated against the demand. b. Interest of Rs. 4,31,484/for the delayed payment of service at an appropriate rate applicable should not be recovered as detailed in Annexure-B from them under the provisions of Section 75 of the Finance Act, 1994 for delayed payment of service tax liability and interest of Rs. 4,31,484 paid through e-payment vide Challan No. 00233/19.11.2009, 00076/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that assessee had entered into a revised agreement on 28.03.2009 which enhanced their service charges retrospectively from April 2008 and during recent past i.e. from 24.02.2009 the rate off Service Tax was payable by assessee, the same was recoverable from M/s Videocon & the credit of the Service Tax was available to M/s Videocon. I find that due to enhancement of charges & change of rate of Se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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