M/S IMDC LTD Vs. CCE VADODARA

JUDGEMENT

(1.) THIS Stay Petition is filed for waiver of pre -deposit of penalty imposed by the Adjudicating Authority and upheld by first Appellate Authority. The penalty has been imposed on the ground that the Appellant has contravened the provisions of Section 76 by delaying the payment of Service Tax to Govt. of India.

(2.) AFTER hearing both sides for some time on the matter, I find that the appeal itself can be disposed as it lies in narrow compass. Accordingly, after allowing the application for waiver of penalty, I take up the appeal for disposal.

(3.) LD . Counsel would draw my attention to the provisions of Section 73(3) of Finance Act, 1994, more specifically to explanation (ii) and submit that having paid the entire Service Tax liability with interest, the lower authorities should not have issued any Show Cause Notice for imposition of penalty. He would rely upon the decision of this Tribunal in the case of Krishna Security & Detective Services Vs CST Ahmedabad - : 2011 (24) STR 574 (Tri -Ahmd) and in the case of Voltamp Transformers Ltd Vs CCE Vadodara - Final Order No. A/123/WZB/AHD/2012, dt. 20.01.12.