2006 (12) TMI 460

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....31, 2005 which set aside the penalty imposed on the respondents under section 78 of the Finance Act, 1994. The relevant facts that arise for consideration are that the respondents were engaged in the business of providing service of tour operator and did not get themselves registered with the authorities. Show cause notice was issued to the respondents demanding service tax for the period 2000-01....

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....mber, 2004. He submits that they are covered by the Extraordinary Tax Payer Friendly Scheme as introduced by the Government on September 22, 2004. Considered the submissions made by both sides and perused the record. It is seen from the record that the respondent had discharged the service tax liability before November, 2004. The Extraordinary Friendly Scheme for non-imposition of penalty was int....

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....there cannot be any penal action against them. This view is fortified by the decision of the Tribunal in the case of Bharat Securities and Services wherein the Tribunal has held as under: "4. Revenue filed these appeals against the order-in-appeal whereby the penalties imposed on respondents were set aside as the respondents paid service tax along with interest prior to September 23, 2004. T....