- (1.) HEARD Sri Udit Chandra, learned counsel for the appellant -assessee and Sri B.K. Singh Raghuvanshi, learned counsel for the department. This appeal is taken up for final disposal with the consent of the parties.
(2.) SHORT question of law which arises in the present appeal is as to whether the order passed by the First Appellate Authority can be set aside by the Tribunal without meeting the reasons recorded in the order of the First Appellate Authority. It would be worthwhile to reproduce the order of the Tribunal impugned in the present appeal dated 4th July, 2012. It reads as follows : "There is no dispute that there was delay in Service Tax. The delay is to be compensated by interest as is ruled by legislature. There is no immunity granted to any sector under law. Therefore, appeal of Revenue is allowed setting aside first appellate order."
(3.) FROM the order of the Tribunal impugned in the present appeal we find that except for recording that there has been delay in deposit of the Service Tax and the delay is to be compensated by interest, no other reasons have been recorded for upsetting the findings recorded by the First Appellate Authority. The First Appellate Authority had found it just and proper to waive of the interest after recording a finding that the money had been deposited in the specific account of the Central Government and that too on day -to -day basis.;