2017 (1) TMI 1237

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....for the year 2008-09 to 2010-2011 under proviso to Section 73(1) of the Finance Act 1994 and also demanded interest at the applicable rate in terms of Section 75 of the Finance Act and imposed equal penalty under provisions of Section 78 of the Finance Act for contravention of the various provisions of the Act and the Rules made thereunder. Briefly the facts of the case are that the appellant is a 100% EOU engaged in mining, manufacture and export of Iron Ore falling under Chapter 26 of the First Schedule to the CETA. They are holder of Service Tax registration under the category of Transport of Goods by Road Services. During the course of audit by the internal audit party of the records of M/s. Deccan Mining Syndicate for the period 01/200....

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....ed to clarify the variation. But the assessee did not clarify the same on the ground that their Managing Director and CEO of the Company are not available and sought time to file the same but in spite of time granted to them, they did not satisfy the Department regarding the variation. After analyzing the Balance Sheet and Profit and Loss Account for the year 2008-09 to 2010-11 and the details of service tax actually paid as per ST-3 Returns for the period 2008-09 to 2010-11, the Department came to the conclusion that the assessee had short declared the taxable value and short paid the service tax amount during the relevant period. Further the details of the service tax demands were made as per ST-3 Return and service tax payable after cons....

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....ore. The Hon'ble Supreme Court in SLP Nos. 7366-7367/2010 and other connected matters in its Interim Order dated 29.07.2011 directed that the mining operations and transportation in an areas in Bellary District is suspended till further orders. With the prohibition on export and suspension of mining of iron ore, majority of the staff also left the company. Further the Managing Director and CEO being in the CBI custody, the other Director was not conversant with the details of the case, transactions and legal implications could not guide or prepare the reply to the show-cause notice and appear for personal hearing. The appellants were completely handicapped and because of that the appellant could not submit the reply to the show-cause notice....