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2018 (5) TMI 781
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....f the Finance Act, 1994 to various Banks and Financial Institutions. During the course of search conducted at the factory of the appellant by DGCEI on 20.03.2014, it was noticed that the appellant though provided the said service to various Banks and Financial Institutions, but did not deposit the Service Tax and did not file the ST-3 Returns before the Department. Thereafter, the appellant deposited the Service Tax amounting to Rs. 14,67,487/- through TR-6 Challan and the balance amount of Rs. 46,677/- from its Cenvat Account. The payment particulars were duly reflected in the ST-3 Returns filed before the Department on 25.04.2014. Upon payment of the Service Tax liability, the Department issued the show cause notice on 08.10.2015, seeking....
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....me is not applicable in this case. Thus, he submits that in absence of any specific findings, with regard to disallowance of Cenvat Credit, the credit availed properly by the appellant cannot be denied. With regard to imposition of penalty under Section 78 of the Act, the ld. Advocate submits that the entire amount of Service Tax alongwith interest was deposited by the appellant on 25.04.2014 and thereafter, the show cause notice was issued on 08.10.2014. Thus, he submits that since on the date of issuance of the show cause notice, there was no outstanding liability against the appellant towards the Service Tax and interest demand, there was no necessity of imposition of penalty under Section 78 of the Act. Therefore, He prayed that the pen....