FIIT JEE LTD. Vs. COMMISSIONER OF SERVICE TAX

JUDGEMENT

(1.) THIS stay application is directed against Order -in -Original dated 2 -2 -2006. Since the issue involved in this case is in narrow compass I grant waiver of pre -deposit of penalty and take up the appeal itself for disposal with the consent of both sides.

(2.) THE relevant facts that arise for consideration are that the appellants were holding service tax registration and were registered as commercial Training and coaching Centre and were discharging service tax liability. During the period July, 2003 to September, 2003, it appears that the appellants short paid service tax. Show cause notice was issued to the appellants demanding the short payment and also irregular availment of service tax credit. The appellants during the pendency of the proceedings deposited the entire amount of service tax and the entire amount of credit which was wrongly availed by the appellants. They also deposited the interest due on the wrongly availed credit and on the service tax short paid by them. The adjudicating authority confirmed the demand, appropriated the amount debited by the appellants and also appropriated the amount paid by the appellants as interest. In addition, he also imposed penalty of equivalent amount of Rs. 2,36,408/ - on the appellants under Section 76. Hence, this appeal.

(3.) LEARNED D.R. reiterates the findings given by the adjudicating authority.