CCE Vs. N.K. JATWANI AND CO.

JUDGEMENT

(1.) HEARD learned D.R. on behalf of the Revenue and perused the records.

(2.) ORIGINAL authority ordered recovery of interest of Rs. 1,02,046/ - under Section 75 of Finance Act, 1994 and imposed penalty of Rs. 100/ - per day till payment of tax subject to maximum of Rs. 33,398/ - (i.e. amount of service tax as deposited) under Section 76 of the Act. The Commissioner (Appeals) set aside the penalty. Revenue filed this appeal for imposition of penalty under Section 76 of the Act.

(3.) I find that the respondents deposited the tax voluntarily before issuance of show cause notice. For proper appreciation of the case, finding of the Commissioner (Appeals) is reproduced below: