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2014 (6) TMI 67 - AT - Service TaxPenalty u/s 76, 77 & 78 - Simultaneous penalty u/s 76 & 78 - Held that:- As held by the Hon'ble Karnataka High Court in the case of Motor World (2012 (6) TMI 69 - KARNATAKA HIGH COURT) penalties under section 76 and 78 cannot be imposed simultaneously. Therefore, penalty imposed under section 76 is dropped. Further I find that no option was given to the appellant to pay 25% of duty as penalty. As they have paid the service tax along with interest before the issuance of show-cause notice, as per the provisions of section 11AC of the Act, the penalty is reduced to 25% of duty which is to be paid within 30 days from today failing which they would be liable to pay 100% of the duty amount as penalty - Decided partly in favour of assessee.
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