TaxTMI 
TaxTMI 
2014 (1) TMI 209
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.... For the Respondent : Shri K.S.V.V. Prasad, JC (AR) JUDGEMENT 1. The appellant was constructing residential complexes during the period April 2007 to December 2008. Though the appellant paid service tax payable before issue of Show Cause notice, there was some delay in payment of service tax for various months during the above mentioned period. Further interest for delayed payment was not paid b....
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.... under section 76 of the Finance Act, 1994. Aggrieved by the adjudication order, appellant preferred appeal to Commissioner (Appeals) who did not give any relief. Hence the present appeal before the Tribunal. 2. Arguing for the appellant, Ld. Counsel submits that the service tax amount was paid before the issue of SCN itself and when short payment of interest was pointed out, it was also paid bef....
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....ruction service. When such confusion was there it was very difficult to collect any money towards service tax from the buyers of residential property and that was the reason for the delay in remitting tax. Considering this aspect, the penalty should be waived in exercise of powers under section 80 of the Finance Act, 1994. 4. Opposing the prayer, Ld. AR for Revenue submits that section 73 (3) is ....
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....ns on both sides. Imposing penalty equivalent to service tax paid belatedly in this case will amount to putting the appellant who paid tax before issue of SCN and interest before adjudication at a more disadvantageous position as compared to an assessee who would not have filed paid any tax and did not file any return. In latter type of cases penalty under section 78 would be applicable and the as....