AHINSHA PROPERTIES LTD. Vs. COMMISSIONER OF SERVICE TAX

JUDGEMENT

(1.) REVENUE as well as M/s. Ahinsha Properties Ltd. filed Appeals challenging the Order -in -Original No. 11/Commr/ST/Kol/2010 -11, dated 24 -8 -2010. The appellant, M/s. Ahinsha Properties Ltd. (S.T. Appeal No. 376/10) vide their letter dated 13 -5 -2013 has requested for withdrawal of the appeal. Shri Sushil Kr. Goyal, ld. F.C.A. reiterated the said request and submitted that since the appellant has paid the entire amount of Service Tax of Rs. 69,05,451/ - along with interest of Rs. 16,21,950/ - and 25% of the penalty of Rs. 17,26,363/ -, the appellant is no more interested to pursue the appeal before this forum. Accordingly the appeal may be allowed to be withdrawn.

(2.) LD . AR for the Revenue has no objection.

(3.) THE Revenue has filed appeal seeking imposition of penalty under. Section 77 of the Finance Act, 1994. The Revenue's ground is that the ld. Commissioner has not imposed penalty under Section 77 of Finance Act, 1994, even though penalty equivalent to Service Tax was imposed under Section 78 of the Finance Act, 1994.