9911796707
TMI Blog2008 (5) TMI 133X X X X Extracts X X X X X X X X Extracts X X X X ..... eing aggrieved with the order passed by Commissioner in revision proceedings vide which he has set aside the penalty imposed upon the respondents under Sections 76 and 78 of the Finance Act, 1994, Revenue has filed the present appeal. Nobody is present on behalf of the respondents. Accordingly, I have heard ld. DR and have gone through the impugned order. 2. The facts, in brief, are as under :- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of service tax of Rs. 1,53,248/- to be recovered from them if COD Tech fails to pay the same with interest and penalties involved thereof in term of Section 68 of the Finance Act, 1994. (ii) The aforesaid show cause notice was adjudicated by the Asst. Commissioner, Central Excise vide OIO No. Dn. III/ST/04/Dem/07, dated 7-5-2007 wherein he confirmed the entire allegations made in the show caus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entire service tax liability of Rs. 1,53,248/- along with interest of Rs. 1,41,389/- up to the date of payment viz. 20-4-2006 totalling to Rs. 2,94,637/- has been paid by unit even though in terms of their agreement with M/s. IOCL, this was required to be paid by M/s. IOCL. The Commissioner found that service tax on Consulting Engineering Services was relatively a new levy at the material time du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vied etc. by reason of fraud, collusion etc. with intent to evade payment of service tax. In view of these, the Commissioner found that the provisions of Section 80 of Finance Act, 1994 are attracted in this case as far as M/s. C.D. Tech, are concerned and the penalties imposed under Sections 76 & 78 of Finance Act, 1994 by the Asst. Commissioner need to be dropped/set aside. (v) Accordingly, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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