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2018 (9) TMI 1368 - AT - Service TaxReduction of penalty u/s 78 - whether equal penalty imposed under section 78 of Finance Act, 1994 can be reduced to 25%, when such penalty was not deposited within 1(one) month from the date of passing of original order? Held that:- Hon’ble Allahabad High Court in the case of K.A. Forward Shoes Factory v. Assistant Commissioner of Central Excise [2017 (8) TMI 106 - ALLAHABAD HIGH COURT] has held that if 25% of the penalty amount is not deposited within 30(thirty) days of the order, then it means that the appellant was not entitled to the benefit of reduced penalty under second proviso to sub-section 11AC of Central Excise Act, 1944. The provisions of section 11AC of Central Excise Act, 1944 and those of section 78 of Finance Act, 1994 are peri materia. Appeal dismissed - decided against appellant.
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