2017 (2) TMI 967

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....th interest and further composite penalty of Rs. 1,65,39,989/- have been imposed under Section 76,77 & 78 of the Finance Act. Being aggrieved, the assessee is in appeal against the quantum of demand as well as penalty and the Revenue is in appeal against imposition of penalty urging that separate penalty under Sections the three should have been imposed. 2.  Vide show-cause-notice dated 24th November, 2012, it appeared to Revenue that the appellant have short paid Service Tax although they have shown the service tax payable in the returns but have not paid the tax payable as per the returns. It also appeared to Revenue that the appellant was registered in the category of  construction service in respect of commercial or industr....

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.... in FY 2011-2012 Rs.13,01,137/- No finding given in O-I-O regarding this 4 Equal penalty imposed u/s 78 alleging suppression of facts. Rs.41,34,998 (25% of Rs. 1,65,39,989 deposited) Equal composite penalty imposed u/s 76,77 & 77 Finding on pg 53 of O-I-O   2.1  As regards, the amount of Rs. 10,36,260/- is concerned, it is explained that this regarding input credit not allowed for the period April, 2011 to September, 2011. From the copy of return for the same period, filed on 3rd July, 2012, we find that said amount have been properly claimed in the relevant column of the return. It is further informed by the learned counsel that the said claim have never been disputed by the Revenue. So far as, the second ....

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....ed counsel further pointed out that they also paid the amount of Rs. 39,77,241/- (towards interest) thus the total amount paid is Rs. 2,01,29,642/-. Accordingly, the learned counsel urges that there is actually no service tax short paid. It is only a case of service tax paid with some delay, and admittedly the appellant have paid the tax amount with interest. The learned counsel have urged that they have deposited 25% of penalty imposed after passing of the impugned order, within a period of 30 days. The learned counsel urges that under these facts and circumstances, the show-cause-notice is not tenable and accordingly, the impugned order is fit to be set aside with appropriate directions. 3.  The learned AR for Revenue has relied o....