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2011 (12) TMI 397 - AT - Service TaxWaiver of the penalty under Section 80 as the initial non-payment of the tax by the appellants on account of confusion in the interpretation of the statutory provisions – JCDR while reviewing the original order has reversed the decision and has imposed a penalty - Held that:- there is no satisfactory reason given to reverse the finding of the original authority in regard to extending the benefit under Section 80 to the appellants - no finding of any suppression, fraud etc. and the fact that the appellants have retained some amount out of the loan disbursed does not alter the character of the amount and this is the first instance where the tax was not paid on account of the confusion regarding the tax liability - Order-in- Revision is set aside and the original authority's order is restored - in favour of assessee.
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