Home Case Index All Cases Service Tax Service Tax + HC Service Tax - 2014 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (10) TMI 417 - KARNATAKA HIGH COURTPenalty u/s 76, 77 - respondent has not filed any declaration under the Amnesty Scheme - Under the circumstances, whether the order of the CESTAT is legal and correct in setting aside the penalties imposed under Section 76, Section 77 of the Act and allowing the benefit under the Amnesty Scheme - Held that:- assessee availed the benefit of Amnesty Scheme and paid duty and interest. Therefore, now the question for consideration is, as the duty and interest was not paid within the due date under the Act, the assessee is liable to pay interest under Sections 76 and 77 of the Act. Clarifying the Amnesty scheme, a circular has been issued by the department where it has been made clear that if the assessee availed the benefit of Amnesty scheme and the tax liability is determined, then he is not liable to pay any penalty. In that view of the matter, we do not see any merit in this appeal. The order passed by the Tribunal is in accordance with law - Decided against Revenue.
|