TMI Blog2022 (6) TMI 206X X X X Extracts X X X X X X X X Extracts X X X X ..... , it is found that levy of service tax in the facts of the present case under Section 66E(e), is a matter of interpretation. Further on audit objection, the appellant have accepted the same and deposited the tax alongwith interest. In this view of the matter, it is found that no penalty is imposable under Section 78. Penalty set aside - appeal allowed - decided in favor of appellant. - Servic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8,455/- constitutes Declared Service under Section 66E(e) of the Finance Act, 1994 and chargeable to Service Tax which worked out as Rs. 3,97,455/-. On being pointed out, the appellant deposited Service Tax amounting to Rs. 3,21,000/- alongwith interest amounting to Rs. 79,309/- on 16.05.2018 on the income of Rs. 21,40,000/- received as Low Volume Compensation , but contested that income of Rs. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e supplier of inputs for making timely payment as being trading transaction. As regards the penalty under Section 78 for alleged payment of service tax on low volume compensation received from Honda Scale Cars, the learned Commissioner (Appeals) have pleased to confirm the same upholding that the appellant have suppressed the material with intent to escape the tax validity. 5. Learned Counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t under the intimation to the central Excise officer, then on receipt of such information, the Central Excise officer shall not serve any notice under sub-Section (1) in respect of the amount so paid. 6. Accordingly, in the facts of instant case, the whole proceedings is superfluous and bad in the eyes of law and hit by the provisions of Section 73(3) of the Finance Act, accordingly, he prays f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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