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2013 (2) TMI 411 - CESTAT BANGALOREPenalty under Section 76 of the Finance Act 1994 - Held that:- As decided in Adecco Flexione Workforce Solutions Ltd case [2011 (9) TMI 114 - KARNATAKA HIGH COURT] where assessee has paid both the service tax and interest for delayed payments before issue of show-cause notice under the Act. Sub-sec. (3) of Section 73 of the Finance Act, 1994 categorically states, after the payment of service tax and interest is made and the said information is furnished to the authorities, then the authorities shall not serve any notice under sub-sec. (1) in respect of the amount so paid. Therefore, authorities have no authority to initiate proceedings for recovery of penalty under Section 76 of the Act - appeal in favour of assessee.
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