TMI Blog2018 (9) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... ame to light - Held that:- The respondent did not pay the Service Tax even after the decision of Hon'ble High Court of Bombay in the case of Indian National Ship Owners' Association [2009 (3) TMI 29 - BOMBAY HIGH COURT], and it was only when the Audit pointed out in July, 2012, the respondent paid the Service Tax - invocation of Section 76 is justified. Penalty u/s 76 justified - appeal allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inted out that had Audit not detected the same, respondent would have gone scot free. In these circumstances, penalty under Section 78 should been confirmed. He pointed out that Section 80 has been invoked to set aside penalty imposed under Section 76 of the Finance Act, 1994. He argued that there has been doubt on part of the respondent to pay Service Tax on reverse charge basis. He pointed out t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oked. He further argued that the appellant had paid the entire Service Tax along with interest as soon as the Audit pointed out and in these circumstances imposition of penalty under Section 76 is not justified. 4. I have gone through the rival submissions. I find that there is no dispute that the appellant have availed the CENVAT Credit of the Service Tax paid by them and therefore, there coul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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