2010 (2) TMI 427

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....le network services. On the ground that the assessee had short-paid service tax to the tune of Rs. 44,473 during the period October 2002 to March 2005 by suppressing the amount of collection from their customers, service tax with interest has been demanded. Further in his Order-in-Original the Assistant Commissioner imposed penalty of Rs. 44,473 under section 76 and section 78 of the Finance Act, ....

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....on 23-10-2009, 3-12-2009 and 4-1-2010. On none of the occasions respondents sought adjournment or appeared. Learned DR submits that the Commissioner omitted to impose penalty under section 78 of the Finance Act, 1994 and relies upon the decision of the Hon'ble Kerala High Court in the case of Asstt. CCE v. Krishna Podwal [2006] 3 STT 96 in support of his contention that penalty under section 76 an....

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....continues till the date of payment, but the penalty under this clause shall not exceed the amount of service tax that he failed to pay under the provision of section 76 of the Finance Act, 1994. Hence, the penalty will have to be imposed equal to the service tax amount not paid i.e., Rs. 44,473." 3. In view of the above observations, obvious conclusion that emerges is that the Commissioner is tre....