2016 (4) TMI 728

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... by the appellant is substantially false. He confirmed demand of Rs. 3,08,672/-, interest under Section 75 and also imposed penalty of equal amount under Section 78 of the Finance Act, 1994. 2. The fact of the case is that the appellant filed VCES declaration on 31.12.2013 wherein the total dues declared was Rs. 2,78,118/-. The appellant as per the provisions paid 50% of the said amount i.e. Rs. 1,39,100/- on 31.12.2013. The second installment of 50% i.e. Rs. 35,288/- and Rs. 1,03,730/- on 13.5.2014 & 30.06.2014 respectively. On finalization of balance sheet, the Chartered Accountant pointed out from the reconciliation of the total gross receipt and it was found that the gross receipt was shown short and accordingly the total dues was de....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nting to Rs. 3,18,597/-. He submits that the Ld. Commissioner has not given any finding on the issue of abatement and declared the entire case on the basis that the declaration made by the appellant is substantially false. He submits that the gross amount receipt is inclusive of food/catering therefore they are legally entitled for the abatement of 40% as provided under Notification No. 1/2006-ST. As regard the allegation of false declaration, he submits that the mistake has occurred only due to arithmetical error, which they have corrected suo moto without pointing out by the department. The appellant have paid the entire amount of dues before the due date and in case of short payment in the first installment of 50%, they also paid interes....