TMI Blog2019 (12) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... estion, soon upon getting information from the Department, as noted by the Tribunal, setting aside of the penalty on the ground of delay in depositing the penalty was justified and therefore, the learned Tribunal has not erred in setting aside such penalty imposed upon the Assessee. Appeal dismissed - decided against Revenue. - C.M.A. Nos.1054 And 1055 of 2019 - - - Dated:- 6-12-2019 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 78 whereas in Appeal No.ST/281/2011 the penalty imposed is under Section 76 of the Finance Act, 1994. 7.1. The Ld.Counsel for appellant has submitted that their failure to make the payment was because the appellant was under much financial crisis during the disputed period. Even in the reply to the Show Cause Notice, they have stated that the delay / default was due to se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x and were filing returns properly, had defaulted payment of service tax and filing of returns after 2005-06. The company was going through much financial hardship and it took some time for them to recover and for that reason, the service tax liability got accumulated. Nothing is brought out from evidence that there was any positive act of suppression with an intention to evade payment of service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y allowed in above terms. 3. Learned counsel for the Assessee submitted that the Assessee has admittedly paid the service tax with interest, but the delay in payment of the said service tax occurred on account of financial crisis of the respondent Assessee, which has been discussed by the learned Tribunal as the reasons for setting aside the penalty in question. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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