2018 (9) TMI 257

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....respondent ORDER Per : S.K. Mohanty Imposition of penalty under Section 76 of the Finance Act, 1994, is the subject matter of the present dispute. 2. During the period April to September, 2010, the appellant did not discharge its tax liability within stipulated time frame and the same was deposited into the Government exchequer subsequently, but before the issuance of show-cause notice....

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.... the Act, the Tribunal has set aside the penalties imposed on the appellant therein. 4. On the other hand, learned D.R. appearing for Revenue reiterates the finding recorded in the impugned order. 5. Heard both sides and perused the records. 6. The fact is not in dispute that the service tax for the disputed period was paid by the appellant before issue of showcause notice and the interes....

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...., we find that the appellant though not discharged service tax in due time but they have been paying service tax in installment and almost entire demand was paid before issuance of show-cause notice. The appellant given reason for non payment of service tax in time that they were in severe financial crisis. It is also fact that appellant had accounted for entire service tax payable as an outstandi....