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TMI Blog2018 (7) TMI 532X X X X Extracts X X X X X X X X Extracts X X X X ..... i K.P. Muralidharan, AC (AR) For the Respondent ORDER Per Bench Brief facts are that the appellants are registered with the Service Tax Department under Banking and financial services, Business Auxiliary Service etc. It was noticed that appellants are maintaining various Nostro and Vostro accounts with foreign banks to help their customers dealing in Export and Import business and paying / co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s) held that the waiver of penalties extending benefit of Section 80 is not sustainable and directed the adjudicating authority to impose penalty as per law. Aggrieved by such order, the appellants are now before the Tribunal. 3. The Ld.Counsel, Sh.Quidir Hoseyn appearing for the appellant submitted that the appellant is not contesting the liability of service tax or the interest thereon. The con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x Court. He therefore prayed that the order passed by the original authority invoking Section 80 and waiving the penalties may be restored. 4. The Ld.AR, Sh.K.P.Muralidharan supported the findings in the impugned order. 5. On perusal of records in para 41 of the Order-in-Original, the adjudicating authority has given reasons why no penalty should be imposed. The adjudicating authority has consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intent to evade payment of service tax, the penalties imposed is unwarranted and requires to be set aside which we hereby do. The impugned order imposing penalties is therefore set aside without disturbing the demand of service tax and interest thereon. The appeal is allowed with consequential reliefs, if any.
(Operative part of the order pronounced in open court) X X X X Extracts X X X X X X X X Extracts X X X X
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