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2010 (7) TMI 400 - CESTAT, CHENNAIPenalty – delay in payment of service tax - Commissioner (Appeals) has set aside the penalty imposed on the appellants under Section 76 of the Finance Act, 1994 and has upheld the penalty imposed under Section 78 of the Act - Section 78 applies where there is fraud, collusion, mis-statement or suppression - Delayed payment of service tax, therefore, does not come under the ambit of Section 78 – Held that: - penalty upheld under Section 78 by the lower appellate authority requires to be set aside - Section 76 would have been more appropriate for imposition of penalty in this case which covers cases of failure to pay service tax - authority has set aside the penalty imposed under Section 76 and the department has not come in appeal against this order
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