2015 (5) TMI 255

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....pondent : Shri Gobind Jha, AR ORDER This appeal has been filed by the appellant with respect to OIA No. AHM-SVTAX-000-APP-263-13-14 dated 12.12.2013. 2. Shri Jigar Shah (Advocate) appearing on behalf of the appellant argued that appellants books of accounts were audited by CERA and it was observed on reconciliation of Incomes shown in the Profit & Loss Account that there is a short payme....

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....y vs. CCE & ST, Bhavnagar Order No. A/10792/WZB/AHD/2013 dated 20.06.2013] (c) Commissioner vs. Tejas Agency [2014 (34) STR 803 (Guj.)] (d) Gupta Coal Dield & Washeries Limited vs. CST [2012-TIOL-908-CESTAT-MUM] (e) Sunita Tools Pvt. Limited vs. CST [2014-TIOL-2094-CESTAT-MUM] (f) Aadishwar Motors Pvt. Limited vs. CST [2011 (24) STR 81 (Tri. Ahmd.)] It was his case that provisions o....

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....n 77 and 77 of Finance Act, 1994 :- "15. Looking to the above circumstances, I would like to discuss the penalty imposed under Section 76, 77 & 78 of the Finance Act, 1994, independently.  I find that the event of non payment of service tax is supported by the bonafide belief on the part of the appellant that service tax was not payable, which holds partially good in case of the appellant,....

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....inance Act, 1994, automatic.  I, therefore, am in of an opinion that the case does not attract the penal provisions under Section 76 of the Finance Act, 1994, in light of the circumstances discussed above and thus drop the penalty imposed under the impugned order under the said Section." 4.1 Once it is categorically held by Commissioner (Appeals) that appellant was under a bonafide belief ....