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2019 (12) TMI 853 - CESTAT MUMBAIRectification of Mistake - penalty amount was reduced to 25% of the tax remained unpaid after issue of show cause notice - Revenue’s contention in the present application is that the deposit made by the appellant was not to the extent of ₹ 77,40,572/- - HELD THAT:- There is finding on the issue of absence of any malafide on the part of the assessee. By observing so, penalty stands reduced to 25% of the remaining amount. The Revenue’s only contention is that instead of ₹ 77,40,572/-, the appellant had only deposited ₹ 75,12,865/- thus the remaining amount is not ₹ 4,34,511/-, as held in the said order. The said contention of the Revenue would not require recalling of the said order of the Tribunal. If the appellant had deposited less amount and thus the remaining amount to be deposited is more, the penalty of 25% would be of the remaining tax amount - This calculation can be made by the Revenue, after intimating the assessee and giving them a chance to contest the said deposits, if so desired. ROM application disposed off.
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