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2011 (10) TMI 163 - HC - Service TaxLevy of penalty - where duty and interest paid prior to the issue of show cause notice under Sections 76 and 78 of the Finance Act, 1994.- Held that :- Penalty cannot be imposed under both Section 76 and 78 - Once Section 78 is attracted, proviso to Section 78 makes it clear, a person who is liable to pay penalty in addition to payment of tax and interest,if he pays the said tax and interest within 30 days from the date of determination of the liability - penalty payable is only 25%. In the case payment is made even anterior to the date of the order. Therefore liability payable is restricted to 25% only.
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