TMI Blog2021 (4) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... so collected to the credit of the Central Government beyond the period of six months from the date on which such payment becomes due and the amount exceeds ₹ 2 crores. The amount involved in this case is less than Rupees two crores. The learned counsel for petitioners would also contend that out of the total tax dues amounting to ₹ 1,38,88,566/- for the period from April 2009 to December, 2012, the assessee had remitted 50% of the tax dues i.e., ₹ 69,44,254/- during December, 2013 and the remaining tax dues to the tune of ₹ 69,44,254/- has been paid along with interest. However, the same has to be verified by the respondent and it is always open for the Department to recover the dues from the petitioners, if any, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance Act, 1994, and Rules 6 and 7 of the Service Tax Rules, 1994 and therefore, committed an offence covered under Clause (ii) of sub section (1) of Section 89 of the Finance Act, 1994, punishable under Section 89 (1) of the Finance Act. It is alleged that the petitioners have not paid the service tax as noted above beyond the period of six months from the date on which such payment became due. 4.At the outset, it is relevant to mention that the petitioners were arrested on 01.07.2015 and they were produced before the jurisdictional Magistrate on 02.07.2015 with a remand application, on the basis of which the learned Magistrate took cognizance of the offence under Section 89 and 90 of the Finance Act, 1994. 5.The learned counsel for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it and sanction withdrawn for cases where evasion of Central Excise duty or misuse of CENVAT credit is below the revised monetary limit of rupees two crore. 7. The amount involved in this case is less than Rupees two crores. The learned counsel for petitioners would also contend that out of the total tax dues amounting to ₹ 1,38,88,566/- for the period from April 2009 to December, 2012, the assessee had remitted 50% of the tax dues i.e., ₹ 69,44,254/- during December, 2013 and the remaining tax dues to the tune of ₹ 69,44,254/- has been paid along with interest. However, the same has to be verified by the respondent and it is always open for the Department to recover the dues from the petitioners, if any, in accordan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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