TMI Blog2024 (3) TMI 348X X X X Extracts X X X X X X X X Extracts X X X X ..... e 8 of the OIA (Page 25 of the Appeal Book), it is seen that the turnover of the Appellant was less than Rs.60 Lakhs. Therefore, the Appellant is required to pay 18% interest less 3% concession given to them (Net interest @ 15%) - the Appellant has correctly calculated and shown the interest payable in the Table at Page No. 11 12 of the Appeal Book. As per this Table, the interest payable is only Rs. 2,24,600/-.Admittedly, the Appellant has paid Rs. 94,462/- on 09/06/2017. Therefore, the Appellant is directed to pay the balance interest amount of Rs. 130,138/- on or before 15th April 2024. Penalty imposed under Section 78 - HELD THAT:- It is found that the Appellant has carried a bonafide belief that they were providing Service Tax to the G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further Rs. 28,903/-. Thus, they have paid totally Rs. 18,47,186/-. The Appellant is a proprietary firm. Subsequently, they came to know that as a proprietary firm, they were required to discharge only 50% of the Service Tax when they provide Works Contract Service. For the excess Service Tax paid by them, they filed a refund claim for Rs. 7,96,757/-. Initially, this refund claim was rejected by the Adjudicating Authority. On appeal, the Commissioner (Appeals) allowed their Appeal and held that they are eligible for this refund. Subsequently, this refund was granted by the Adjudicating Authority. 2. In the meanwhile, a Show Cause Notice was issued on 14/06/2016 seeking to appropriate Rs. 18,47,186/- paid by them and also seeking to know as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to them after prolonged litigation. He also submits that before issue of Show Cause Notice itself, they have calculated the interest payable as Rs. 94,462/- and paid the same on 09/06/2017. Therefore, he submits that the lower authorities are in error in confirming the interest of Rs. 7,02,469/- and imposing penalties of Rs. 10,49,587/-. He makes further submission that while filing the present Appeal, they have re-calculated the correct interest and takes me through to the Table at Page 11 of their Appeal wherein, the total interest liability has been arrived at Rs. 2,24,600/-. He prays that they are not disputing this amount but submits that Rs. 94,462/- paid by them should be adjusted against this amount of interest payable. He prays th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appellant was a small party with annual turnover of less than Rs. 60 lakhs. From the Table given at Page 8 of the OIA (Page 25 of the Appeal Book), it is seen that the turnover of the Appellant was less than Rs.60 Lakhs. Therefore, the Appellant is required to pay 18% interest less 3% concession given to them (Net interest @ 15%). I find the Appellant has correctly calculated and shown the interest payble in the Table at Page No. 11 12 of the Appeal Book. As per this Table, I find that the interest payable is only Rs. 2,24,600/-.Admittedly, the Appellant has paid Rs. 94,462/- on 09/06/2017. Therefore, the Appellant is directed to pay the balance interest amount of Rs. 130,138/- on or before 15th April 2024. 8. Now coming to the penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X
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