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2018 (2) TMI 1497 - CESTAT HYDERABADLiability of interest and penalty - payment of tax prior to issuance of SCN - respondent had not reflected the correct value of the services rendered according to the exchange rate prescribed by RBI reference rate - Held that: - the Adjudicating Authority has erred in not demanding the interest on the amount of service tax liability confirmed of ₹ 12,53,138/- - the interest liability arises even if the service tax liability is discharged by the respondent prior to issuance of SCN - the respondent is liable to pay interest on this amount as provided in that Section. Penalty - Held that: - Adjudicating Authority, though specifically not mentioned in the order, has it seems invoked the provisions of Section 80 to drop penal proceedings. In my view, this is a fit case wherein provisions of Section 80 needs to invoked - penalty set aside. Appeal allowed in part.
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