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2009 (12) TMI 377 - CESTAT, MUMBAIPenalty- Delay in payment of service tax- the appellant had provided their premises on rent to M/s. Oriental Bank of Commerce. A show-cause notice was issued, wherein it was charged that she had delayed payment of Service tax for the period from June, 07 to March, 08 and on which they failed to pay interest of Rs. 74,912/- and rendered herself liable for penalty amounting to Rs. 2,48,403/- under Section 76 of the Finance Act. The interest and penalty were confirmed by both the lower authorities. Appellant contending that Service Tax reimbursed by tenant only on 4.1.2008 and on receipt, the same was paid. Held that- levy being new, appellant had bonafide belief in not depositing Service tax in time. No allegation that service tax collected but not paid. Penalty set aside.
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