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2015 (9) TMI 1385 - AT - Service TaxRenting of Immovable Property Service - Penalty u/s 76, 77 & 78 - Held that:- If the tax is due as on 6 th of March, 2012 and if the same has been paid alongwith interest within period of six months from the date on which the Finance Bill, 2012 received the assent of the President, no penalties shall be imposable for failure to pay the service tax. - Demand is for the period 2007-2011 and the same was payable on 6 th day of march 2012. The liability of service tax in full alongwith interest has been discharged within the six month from the date on which Finance Bill received assent of the President, which was ending on 28/11/2012, the appellant has paid liability on 26/11/2012. In this undisputed facts, appellant has made out a clear case for waiver of penalties in terms of Section 80(2) of the Finance Act, 1994. I therefore invoking Section 80(2) set aside the penalties imposed under Section 76, 77 and 78 of the Finance Act. - The appellant has not pressed made this discrepancy either before the adjudicating authority or before the Commissioner (Appeals) and no documentary evidence was submitted before the said lower authorities. Therefore same cannot be verified at this stage therefore demand is upheld - Penalties are set aside - Decided in favour of assessee.
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