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2009 (10) TMI 567 - AT - Service TaxPenalty – irregular availment of exemption - abatement of 67% under the Notification No. 19/2003-S.T - interpretation given by the lower authorities would mean that it is absolutely necessary to sell the goods to avail exemption - appellants in bona fide belief that they are eligible for Notification and paid Service tax by availing benefit – Held that: - appellant interpreted the notification differently, penalty under Section 78 of Finance Act, 1994 cannot be upheld and is accordingly set aside - Service tax and interest is paid prior to issue of show cause notice, no further action is called for - Penalty under Section 77 has been imposed for late filing return which has to be upheld in view of the fact that return has been filed late – appeal disposed off accordingly
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