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2011 (10) TMI 179 - HC - Service TaxPenalty - payment of service before issuance of show cause notice - application of sub-section (3) of section 73 of the Finance Act - Held That:- once he has registered himself, filed returns, aware of the liability under the Act, the returns which he filed did not truly represent the facts which constituted a wilful mistake. Sub-section (4) of section 73 expressly provide the benefit of sub-section (3) of section 73 is not attracted to a case falling under sub-section (4). Therefore, the contention of the assessee that he is not liable to pay penalty as he has paid the differential duty with interest before issue of show-cause notice is unsustainable. Quantum of penalty - assessee paid differential duty and the interest payable thereon even before the institution of the proceedings ie. before issue of show cause notice. - Penalty restricted to 25% only.
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