Archana Wadhwa, J.
1. After dispensing with the condition of pre-deposit of penalty of Rs.29,000/-, Rs.2,000/- and Rs.2,000/- imposed under Sections 76, 76 of the Finance Act, 1994 and Rule 15(3) of the CENVAT Credit Rules, 2004 respectively, I proceed to dispose of the appeal itself in as much as a short issue is involved.
2. The appellant, which is a Japan based company, started operation in India from October, 2004 after getting a registration. It is seen that the company is being a new service provider, there were some delays in filing the ST-3 returns and consequently deposit of service tax. The said delays ranged from 6 days to 77 days approximately. However, the said service tax was subsequently deposited by the appellant.
3. In the above background, proceedings were initiated against the appellant by way of issuance of Show Cause Noticed dated 13.10.2006, proposing confirmation of interest of Rs.948/- and imposition of penalties. The appellant accepted their liability towards interest and deposited the same. However, the challenge in the present appeal is to only on imposition of penalty.
4. Admittedly, the appellant was a new entrant as service provider in India and as such, the late filing of returns and late deposit of service tax could be on account of various problems faced by them and cannot be held attributable to any mala fide. As the appellant has already deposited the entire service tax along with interest, I am of the view that the benefit of Section 80 of the Finance Act, 1944 required to be extended to them. Accordingly, I set aside the penalties imposed upon the appellant under various Sections, and allow the appeal.
5. Stay petition and the appeal get disposed of in the above manner.