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2010 (3) TMI 816 - HC - Service TaxPenalty - contention of the assessee that the penalty provision in terms of S. 76 of the Finance Act proposing to levy penalty at the rate of Rs. 100/- day has come into effect only from 10-9-2004 and that the respondent herein had failed to apy service tax for the period august 2001 to October 2002 and considering the said period, the Revenue cannot levy penalty at the rate of Rs. 100/- per day by relying upon the provisions of S. 76 as it is only prospective in nature and not retrospective - Held that:- Revenue is empowered to levy penalty at the rate of Rs. 100/- per day if the assessee fails to pay duty only in respect of the period from 10-9-2004 onwards and not prior to the said date, As the duty payable in this case is prior to 10-9-2004, appeal filed by Revenue dismissed
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