2016 (3) TMI 853

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....ation of an equal amount already paid by the appellant. Penalty of Rs. 40,65,620/- was also imposed under Section 76 of the Finance Act, 1994. The appellant filed the present appeal only for waiver of penalty imposed under Section 76 of the Finance Act, 1994. Appellant also filed miscellaneous application requesting to consider the additional ground. 2. Shri Manoj Chauhan Ld. C.A. appearing on behalf of the appellant reiterates the grounds of appeal and additional grounds of appeal made in the miscellaneous application submits that as per the amendment in Finance Act 2015, the amended Section 76 shall be applicable in a case where the show cause notice was issued under Sub-section (1) of Section 73 before the date on which the Finance Bill....

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....e Bill, 2015 receives the assent of the President, then, in respect of such cases, the provisions of section 76 or section 78, as the case may be, as amended by the Finance Act, 2015 shall be applicable. (2) In cases where show cause notice has been issued under sub-section (1) of section 73 or under the proviso thereto, but no order has been passed under sub-section (2) of section 73 before the date on which the Finance Bill, 2015 receives the assent of the President, the period of thirty days for the purpose of closure of proceedings on the payment of service tax and interest under clause (i) of the proviso to sub-section (1) of section 76 or on the payment of service tax, interest and penalty under clause (i) of the second proviso to s....

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....e the amount of penalty is increased by the Commissioner (Appeals), the Appellate Tribunal or the court, as the case may be, over the above the amount as determined under sub-section (2) of section 73 , the time within which the reduced penalty is payable under clause (ii) of the proviso to sub-section (1) in relation to such increased amount of penalty shall be counted from the date of the order of the Commissioner (Appeals), the Appellate Tribunal or the court, as the case may be.". On going through the above provision I find that if the show cause notice was served under Section 73(1) before the enactment of Finance Bill 2015 but no order has been passed before the date of enactment. The provision of amended Section 76 shall be applica....