2011 (10) TMI 59

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t is a cable operator and Service Tax has been demanded for the period 01.10.03 to 31.10.05 and penalties under Sections 76, 77 & 78 of Finance Act, 1994 have been imposed. 2. Ld.Chartered Accountant, on behalf of the appellant, submits that the appellant has not contested the Service Tax and interest thereon before both the lower authorities and he is not contesting the same before Tribunal al....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....that the appellant is eligible for SSI exemption. He submits that if SSI exemption is available to the appellant, the appellant will not be liable to pay Service Tax at all.  Since the Service Tax has already been paid along with interest and he is not contesting the same, the penalties under various Sections may be waived since the Service Tax itself, though paid, was not payable in reality.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....onsider the eligibility of the appellant for SSI benefit and if the appellant is eligible for SSI exemption, the Service Tax and interest paid would be sufficient and penalties can be waived because in such a case, the Service Tax itself would not be leviable. Further, the ld. Chartered Accountant also made submission that the appellant had CENVAT Credit of Rs.7,000/- (Rupees Seven Thousands only)....