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2016 (12) TMI 998 - AT - Service TaxImposition of penalty u/s 78 of the Finance Act, 1994 - no intent to evade tax - invocation of section 80 - bonafide beleif - Held that: - it is seen that the appellant entertained the belief that they were not liable to tax because the objectives were in relation to public service. Further, upon proceedings being initiated against them, the full amount of tax as well as interest were paid. There is also no reason to disbelieve the contention of the appellant that there was no intent to evade tax and this has been sufficiently established by voluntary payment of the tax and interest - I find that this is a fit case for invoking section 80 of the finance Act, 1994. Accordingly, penalty imposed under section 78 of the finance Act, 1994 is set aside - appeal allowed - decided in favor of assessee.
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