2014 (1) TMI 827

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....o, DC(AR) JUDGEMENT The appellant was engaged in the business of providing Industrial and Commercial Construction Service. During the period Apr.'07 to Sept.'07, there was some delay in payment of the actual service tax liability. The appellant had paid Rs.9,72,89,428/- during the said period. However, Revenue noticed that there was delay in payment of Rs.7,51,89,474/- for the month Apr.'07 ....

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....also imposed a penalty of Rs.11,84,050/- under provisions of Section 76 of the Finance Act, 1994. The appellant has filed this appeal aggrieved by the penalty imposed under Section 76 of the Finance Act, 1994. The learned Counsel submits that the delay happened because they were facing some financial crunch. They had no intention to evade any payment inasmuch as the payments were indicated in thei....

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....may be set aside. 2. Opposing the prayer, the learned Authorised Representative for the Revenue submits that the intention is not relevant for imposing penalty under Section 76 of the Finance Act, 1994. He further submits that belated payment was noticed only through audit and, therefore, it cannot be considered as a voluntary payment of tax and interest as envisaged in Section 73(3) of the Fin....