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2010 (7) TMI 121 - CESTAT, CHENNAIPenalty u/s 78 - The tax demand is not disputed by the assessees and stands paid. The explanation put forth by the assessees for non-payment of service tax within time is that there was no intention to evade payment of tax as the entire amount of tax was available to them by way of credit and in fact they have taken credit. – Held that: - Considering the fact that the entire amount of tax demand is available to the assessees as credit, no intention to evade payment of tax can be established against them. Hence, the penalty imposed under Section 78 cannot be sustained - The appeal is thus allowed by setting aside the penalty.
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