2008 (8) TMI 40

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....08 dt. 12.8.2008 certified on 13.8.2008 in Appeal No. ST/110/2006) Shri V. Srikanth, Adv. for Appellant Shri N.J. Kumaresh, SDR for Respondent [Order per P.G. Chacko Member (Judicial)] - This appeal filed by the assessee is against a penalty imposed on them by the Commissioner (Appeals) under Section 76 of the Finance Act, 1994. The appellants had defaulted payment of service tax for the ....

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.... is pointed out that criminal proceedings were taken against those people and the same are going on. It is submitted by the learned counsel that the benefit of Section 80 of the Act should have been granted to the assessee in the above circumstances. In this connection, reliance is also placed on the following decisions of the Tribunal:- (i) Akbar Travels of India (P) Ltd. Vs. Commissioner of C....

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....the balance amount before the passing of the Order-in-Original and, in the circumstances, the benefit of Section 80 of the Act was given to the assessee. In the present case, admittedly, the entire amount of service tax was paid before the issue of the show-cause notice and the assessee is willing to pay interest thereon for the period of delay at the applicable rate. Apparently, they have not pai....

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....ke fraud, collusion etc. when compared to the latter which provides for penalty for simple default of payment of service tax. Even the graver penalty was set aside by this Tribunal under Section 80 of the Finance Act, 1994 on the ground that a major amount of service tax was paid before issue of show-cause notice and the adjudication amount before adjudication. In the instant case, the assessee cr....