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2015 (10) TMI 114 - AT - Service TaxPenalty u/s 78 - Business Auxiliary Service - Receipt of comission - Bonafide belief - Held that:- In this case, most (about 92%) of the impugned demand of service tax alongwith interest was deposited voluntarily by 5.4.2006 and the remaining (about 8% of the impugned demand) was deposited alongwith interest just before receipt of show cause notice. Such voluntary deposit itself gives credence to the contention of the appellant that it was under bonafide belief that the commission received from M/s.Maruti Finance Ltd. was not liable to service tax. - Even the CBEC acknowledged that there has been certain doubts regarding service tax liability on commission from banks/non banking financial institutions and issued a clarificatory circular No.87/05/2006-ST dated 6.11.2006. In these circumstances, we are of the view that the appellant has made out a good case to get benefit under section 80 - penalty set aside - Decided in favour of assessee.
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