TaxTMI 
TaxTMI 
2019 (2) TMI 1107
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....t has avoided proper payment of service tax payable on such collection. Resultantly, a show cause notice No.1748 dated 18th September, 2012 was served upon the appellant proposing the recovery of service tax amounting to Rs. 5,52,636/- as an amount to be discharged qua the collection of transaction charges alongwith the interest at appropriate rate and the penalties under Section 76 & 78 of the Finance Act, 1994 (the Act hereinafter). The said levy was confirmed by the Order-in-Original No.1010 dated 29th April 2016, however, for Rs. 5,20,369/- (being a calculation error) alongwith the interest. The penalty under Section 76 of the Act was done away. However a penalty proportionate was imposed under Section 78 of the Act. Being aggrieved, an....
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....d. Counsel has relied upon the case law of Hon'ble Apex Court in the case of Univer Textiles Ltd. vs. CCE, Raipur reported in 2013 (288) ELT 161 (S.C.). Order imposing penalty is therefore prayed to be set aside. 4. Per contra, ld. A.R. has justified the order while impressing upon para 6.5 thereof. It is submitted that the Commissioner (Appeals) has observed that the short levy came to the notice of Department only after the audit. Hence, intent to evade the payment of tax cannot be ruled out. Even Section 80 of the Finance Act was denied to be invokable. Appeal is accordingly prayed to be dismissed. 5. After hearing both the parties, perusing the record of the present appeal and keeping in view the submissions of the parties, I observe ....
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....n respect of such service tax, interest and penalty shall be deemed to be concluded; (ii) the date of receipt of the order of the Central Excise Officer determining the amount of service tax under sub-section (2) of section 73, the penalty payable shall be twenty-five per cent of the service tax so determined : Provided also that the benefit of reduced penalty under the second proviso shall be available only if the amount of such reduced penalty is also paid within such period : Explanation. - For the purposes of this sub-section, "specified records" means records including computerised data as are required to be maintained by an assessee in accordance with any law for the time being in force or where there is no such requirement, the in....
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.... suppression of facts. Otherwise there would be no situation for which ordinary limitations of sic months would apply. Inadvertant payment is to be met with limitation of six months, whereas deliberate default faces limitation of five years. Some positive act has to be there on part of appellant. In this case there was a letter from the assessee to the department seeking clarification about his liability. Non-payment, therefore, was held to be inadvertent without any intention to evade tax." 7. Further, the apparent fact of the appeal is that the appellant has not contested the liability and in fact has prayed for his sufficient cenvat credit available to be utilized against the said demand. 8. The transaction charges were subjected to....
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....ommodities Exchange of India (MCX)- Collection of impugned charges on MCX's behalf and payment of service tax by MCX on amount collected-Assessee's plea that collection of service tax from assessee amount to double taxation and charges not for services rendered, therefore not part of value of services. 10. It is only that the CBEC clarified the above issues vide its letter dated 17-09-2010 as under:- "4. Since the Stamp duty and Security Transaction Tax, are the liability of the buyer/seller of securities and the broker pays the same acting as a Pure Agent the same are not includible in the taxable amount in terms of Rule 5(2) of the Service Tax (Determination of Value) Rules, 2006. All other charges by whatever name called recovered by ....