TMI Blog2008 (4) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... paid partly before the SCN and partly before the adjudication order, imposition of heavy penalties is not warranted - in terms of section 75 of the Finance Act, interest on delayed payment is mandatory so appellant should pay the interest - ST/261 OF 2006 - 501 OF 2008 - Dated:- 22-4-2008 - DR. S.L. PEERAN, JUDICIAL MEMBER AND T.K. JAYARAMAN, TECHNICAL MEMBER ORDER Niklovu T. for the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e before this Tribunal for relief. 3. We heard both sides. The appellant had taken registration in the category of 'Travel Agent' which is a taxable service. Investigations by DGCI officials revealed that the appellant had suppressed the value of taxable services. He had submitted that due to stiff competition in the Air Travel Trade, the high value tickets were not taken into account. However ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revenue. 5. The learned Advocate submitted that the Appellate Authority had not considered the valid contentions raised by the appellant. The tax calculated by the Authorities was not correct and fresh calculation was necessary, but the Appellate Authority had not at all considered the issue nor discussed the same. Even though, Service Tax amounting to Rs. 5,97,850 was paid prior to the issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has stated that he was under a bona tide impression that he had to pay Service Tax only from 2004 onwards. The period involved in that dispute is 2002-03 and 2003-04. When he came to know that he was liable for the service tax even for the previous period an amount of Rs. 2,00,000 had been paid on 4-6-2004. The show-cause notice was issued on 29-3-2005. There was also some difficulty in computing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edit the tax or any part thereof to the account of the Central Government within the period specified in that section, shall pay simple interest at the rate of one and one half per cent. For every month or part of a month by which such crediting of the tax or any part thereof is delayed." 8. Therefore we set aside all the penalties, however the appellant should pay the interest in terms of sec ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
