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2011 (5) TMI 619 - HC - Service TaxBenefit of reduced penalty u/s 78 of the Finance Act, 1994 - whether Tribunal committed error in granting the option to deposit service tax, interest and penalty @ 25% of service tax amount towards penalty - Held that:- Relying on Commissioner of Customs & Excise, Ahmedabad-I v. Akash Fashion Prints Private Limited [2009 (1) TMI 113 - GUJARAT HIGH COURT] no error in the order passed by the Tribunal occurs as provision under which the penalty was levied by the original adjudicating officer permits benefit of reduction in the penalty, subject to party paying the entire amount of tax determined interest and 25% of the penalty within 30 days of the communication of the order. The provision appears to be pari materia to Section 11AC there is no infirmity in view adopted by the Tribunal - in favour of assessee.
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