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2010 (4) TMI 184 - CESTAT, AHMEDABADGTA and Management consultant services- Tax paid before issuance of SCN- Show cause notice was issued proposing imposition of penalty under Section 76 and 77 of Finance Act, 1994, besides confirming the amount already paid towards service tax and appropriating the same. Held that- it has to be noted that under Section 80 of Finance Act, 1994, even in the cases where there is suppression or mis declaration, penalty can be waived. Further, Section 73 provides that even when there is suppression or mis-declaration, the assessee can pay penalty of 25% voluntarily and in such a situation also no further proceedings required.Therefore, I find no merit in the submissions made by learned DR. In these circumstances, stay petition as well as appeal, are allowed to the extent of imposition of penalty under Section 76 only. It is made clear that appropriation made of service tax, interest and penalty under Section 77 are upheld.
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