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2012 (5) TMI 377 - HC - Service TaxWhether Tribunal has committed substantial error of law in setting aside penalty under section 78 of the Finance Act, 1994 imposed upon the respondent in ignorance of jurisdictional facts indicating intention of respondent to evade payment of service tax under provisions of the Finance Act, 1994 – Held that:- Under Section 78 of the Finance Act, 1994, penalty can be levied where any service tax has not been levied or paid or has been short levied or short paid or erroneously refunded by reason of fraud or collusion or wilful misstatement or suppression of facts or contravention of any of the provisions of the Act or the Rules with an intent to evade payment of service tax. In the present case, the Tribunal came to the definite finding that no such factors exist. that Section 80 provides that such penalty shall not be imposed if the assessee proves that there was reasonable cause for failure to pay such tax. Tax Appeal dismissed
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