2016 (8) TMI 149

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....RDER M/s. OSA Shipping Pvt. Ltd., the appellant herein are registered with the Service Tax Department for providing Steamer Agent Service for M/s. Senator Lines GmbH, Germany. An audit objection was raised followed by issuance of a SCN dated 18.03.2010 proposing a demand of Rs. 3,05,570/- for non-payment of service tax for the period from January 2009 to September 2009, under Section 73 besides....

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....d for the delay in payment of service tax; that Section 80 of the Finance Act would override section 76 of the Finance Act. Due to financial hardship the appellant was not in a position to continue his business and was forced to close down the business. Due to this compelling situation, there was delay in payment of service tax along with interest. However, he submitted that the service tax along ....

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....vice tax. 4. Hindustan Steel Vs. State of Orissa 1978 (2) ELT (J159) (SC) 5. Price Water House Coopers Dev. Associates Ltd. Vs. CST Bangalore 2008 (11) STR 43 Hence, he prayed to set aside the impugned order. 3. Ld. AR, Shri L. Paneerselvam, AC, appearing on behalf of the Revenue reiterates the findings of the adjudicating authority and submitted that the order is legal and....

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....nly against the imposition of penalty under section 76. The learned counsel for the appellant substantiated with the records that due to financial hardship, the appellant was not in a position to continue their business and was forced to shut down their business and they had no intention to evade payment of tax. I find from the records that the assessee s business was closed down and they were not....