Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2013 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (8) TMI 883 - CESTAT MUMBAIPenalty u/s 76, 77 and 78 - Exemption under Notification No. 59/98-S.T. - Held that:- appellants are not challenging the Service Tax liability but only challenging the imposition of penalties. We find as per the provisions of Section 80 of the Finance Act, 1994 which provides notwithstanding anything contained in Sections 76, 77 and 78 no penalty shall be imposable on the assessee for any failure referred to in said provisions, if the assessee proves that there was reasonable cause for the said failure. As per the provisions of Notification No. 59/98-S.T., dated 16-10-1998 the activity undertaken by practicing Chartered Accountant other than covered under the Notification are exempted from tax. The appellant produced a copy of the sample invoice whereby the amount is collected for the services rendered on Central Excise matters from M/s. Dover India Pvt. Ltd. In these circumstances, particularly taking into consideration as Mr. Sridhar Hegde now expired, we find that it is not a case for imposition of penalty, in view of the provisions Section 80 of the Finance Act, 1994. The penalties imposed under Sections 76 and 78 of the Finance Act, 1994 are set aside. - Appeal disposed of.
|