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2019 (2) TMI 1307 - AT - Service TaxImposition of penalty u/s 76 of FA - malafide intent or not - Held that:- In terms of the provisions of Finance Act, if an assessee deposits the entire dues along with interest and 25% of the penalty, the penalty imposed under Section 78 is required to be reduced to 25%. However, in the present case, the appellant had already deposited 25%, though under Section 78, which penalty stands set aside by Commissioner (Appeals) - the penalty imposed under Section 76 is reduced to 25% of the same, which already stands deposited by the appellants - balance penalty is set aside - appeal disposed off.
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