2018 (9) TMI 1384

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.... 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 October, 2010 to March, 2011, 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. While adjudica....

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....ibunal 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 show-cause notice and the interest amount was pa....

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....lant 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 outstanding in their books of acc....