Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2015 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (7) TMI 141 - AT - Service TaxPenalty u/s 78 - Technical know-how - Held that:- Appellant has discharged the service tax liability and the interest thereof before the issuance of the show-cause notice. In our view, this should have been considered as enough compliance by the appellant and provisions of Section 73(3) of the Finance Act, 1994 should have been invoked and show-cause notice need not have been issued. - appellant had given justifiable reason for non-discharge of the service tax liability on the services rendered by them. We find that the demand on the appellant is based upon the figures worked out from balance sheet which indicates that the appellant had not suppressed any information from any authorities. In our view, this is a fit case for invoking the provisions of Section 80 of the Finance Act, 1994. - Impugned order is set aside - Decided in favour of assessee.
|