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2018 (9) TMI 1505 - AT - Service TaxPenalty - tax with interest paid before issuance of SCN - Section 73(3) of the Finance Act, 1994 - Held that:- Explanation to Section 73(3) of the Finance Act, 1994 becomes relevant which clarifies that no penalty shall be payable under any provisions of Finance Act, 1994 or the Rules made there under - In view of this provision, it becomes abundantly clear that where the tax has been paid by the assesse before the issuance of Show Cause Notice, the very ground of issue of notice is ultra vires to the Act which calls for the penalty, if any imposed, to be vacated - Penalty set aside. Sponsorship Service - Reverse Charge Mechanism - N/N. 15/2006-ST dated 24.04.2006 - Held that:- The appellants were not liable to pay any service tax for rendering Sponsorship Service which was otherwise to be paid by the recipient under the Reverse Charge Mechanism - The liability qua Sponsorship Service was not sustainable. Appeal allowed - decided in favor of appellant.
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