TaxTMI 
TaxTMI 
2017 (11) TMI 835
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....t. The Commissioner has also imposed a penalty of Rs. 10,00,000/- (Rupees Ten Lakhs only) under Section 76 of the Act. Briefly the facts of the present case are that the appellants are registered under the category of Construction Service for Commercial and Industrial Building and Civil Structures. During the audit of the records of the appellant, it was revealed that for the period from 2010-11 to 2013-14, the appellant had paid service tax of Rs. 2,52,38,091/- (Rupees Two Crores Fifty Two Lakhs Thirty Eight Thousand and Ninety One only) and had failed to pay interest amount of Rs. 15,18,104/- (Rupees Fifteen Lakhs Eighteen Thousand One Hundred and Four only) for the delayed payment of service tax for the said period. On these allegations ....
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....funds by way of bank overdraft and external borrowings. He further submitted that imposition of penalty by the learned Commissioner is totally wrong since at the first instance no show-cause notice is issued demanding payment of service tax under Section 73(1) of the Finance Act 1994 and only a show-cause notice is issued for payment of interest and hence in such a situation provisions of Section 76 of the Act could not have been invoked at all. Further the learned Commissioner has not disputed the fact that the appellants have on their own paid the service tax to the tune of Rs. 2,52,38,091/- (Rupees Two Crores Fifty Two Lakhs Thirty Eight Thousand and Ninety One only) and that too when they have not received the payment of their bills fro....
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....rder. 5. After considering the submissions of both parties and perusal of the material on record, I find that in the present case a show-cause notice was issued only on account of delayed payment of service tax demanding interest amount of Rs. 15,18,104/- (Rupees Fifteen Lakhs Eighteen Thousand One Hundred and Four only). Further I find that the appellant though has not collected the service tax from their main contractor M/s. Wind World India Ltd. but still they have paid the same. Further I also find that the appellants have paid the interest amount of Rs. 15,56,161/- (Rupees Fifteen Lakhs Fifty Six Thousand One Hundred and Sixty One only) on 05.10.2015 against the demand of Rs. 15,18,104/- (Rupees Fifteen Lakhs Eighteen Thousand One Hun....