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2017 (8) TMI 708 - CESTAT CHANDIGARHPenalty u/s 76 and 78 - Business Auxiliary Services - commission received from the banks/non-banking financial institutions - payment of tax with interest before issuance of SCN - Section 73 (3) of the Act - extended period of limitation - Held that: - the appellant has paid service tax along with interest on pointing out by the department, during the course of investigation, therefore, the SCN was not required to be issued in terms of section 73 (3) of the Act - Further, as there was contrary decision of this Tribunal on the issues, no penalty can be imposed - also, when there was divergent view on the issue, the extended period of limitation cannot be invoked - penlaties set aside - appeal allowed - decided in favor of appellant.
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