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2009 (4) TMI 130 - AT - Service TaxBAS - Commission – board circular no. 87/05/2006 dated 6.11.2006 – Penalty – Held that - it appears that there was doubt regarding levy of tax on commission by the authorized automobile dealers which working as “directing marketing agent” of ICICI Bank for providing services to various customers for purchasing vehicles on loan, was clarified by the Board’s Circular dated 06.11.2006 - There is no mala fide on part of the appellants and, therefore, imposition of penalty under Section 78 of the Finance Act, 1994 is not warranted. It is noticed that service tax was introduced on the activities of the appellants in July, 2003 and the appellants paid the tax voluntarily in December, 2004 with interest – penalty set aside by invoking section 80
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