2009 (1) TMI 742

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....ent. ORDER The appellants M/s. Rajpaul Homes seek waiver of pre-deposit of penalties imposed on them under Sections 76, 77 and 78 of the Finance Act, 1994 (the Act). The appellants had undertaken the activity of construction of residential complexes during the period 10/05 to 07/06. They had not paid the tax due. On their service tax liability being pointed out by the department, the appella....

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....in their case to vacate the penalties under Section 80 of the Act. 2. Moving the stay application, the ld. Counsel for the appellants invites my attention to sub-section (3) of Section 73 of the Act which reads as follows : "(3) Where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded, the person chargeable with the service tax, or the ....

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....nner specified in this section, and the period of 'one year' referred to in sub-section (1) shall be counted from the date of receipt of such information of payment. Explanation. - For the removal of doubts, it is hereby declared that the interest under Section 75 shall be payable on the amount paid by the person under this sub-section and also on the amount of short payment of service tax or e....