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2015 (8) TMI 955 - CESTAT MUMBAIPenalty u/s 78 - assess had collected the service tax but failed to deposit the same with the Government account due to financial crisis - Held that:- Assessee has discharged the entire service tax liability with interest. On a specific query from the Bench it was informed by the department that the entire amount of service tax has been discharged before issue of show-cause notice - invoking of Section 80 of Finance Act, was discretionary power used by adjudicating authority and recording reasonings for doing so. The appeal against the discretionary powers to set aside penalty is incorrect as the reasoning as recorded by the adjudicating authority are acceptable reason for invoking the provisions of Section 80 of the Finance Act, 1994 - Decided against Revenue.
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