Home Case Index All Cases Service Tax Service Tax + HC Service Tax - 2013 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (3) TMI 313 - HC - Service TaxLiability to pay the penalty in view of the Section 117 of the Finance Act, 2000 - Recovery of refund post M/s Laghu Udyog Bharati Vs. Union of India [1999 (7) TMI 1 - SUPREME COURT OF INDIA] to refund the tax collected. - Held that:- As per Sec 117 Validation of certain action taken under Service Tax Rules no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable if this section had not come into force. There is provision of levy of interest only and there is no provision for levy of penalty. Commissioner (Appeals), Customs and Central Excise, Ranchi as well as the Tribunal were right in holding that penalty cannot be imposed upon the assessee. There is no merit in the Tax Case - in favour of assessee.
|