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2016 (1) TMI 347 - GUJARAT HIGH COURT

2016 (1) TMI 347 - GUJARAT HIGH COURT - 2016 (41) S.T.R. 427 (Guj.) - Levy of penalty u/s 76 and 77 - tribunal deleted the penalty u/s 80 - The question therefore, to be decided in such case is whether the assessee established such reason for failure. - Held that:- When the department found that the assessee had received certain payments against which tax was not paid, the assessee contended that it was under bona fide belief that the amount received prior to insertion of explanation to section .....

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OCATE ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) Tax appeal is filed by the Revenue challenging the judgement of CESTAT dated 16.4.2015 raising the following questions for our consideration : 1. Whether the ld. Tribunal has correctly concluded that there was no bonafide belief on the part of the assessee that such amount was not taxable, when they were aware that certain changes have been made in Service Tax legislation from 16.06.2005, where explanation 3 has been inserted in section .....

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provides that notwithstanding anything contained in the provisions of section 76 or section 77, no penalty shall be imposable on the assessee for any failure referred to in the said provision, if the assessee proves that there was reasonable cause for said failure. The question therefore, to be decided in such case is whether the assessee established such reason for failure. The Tribunal in the impugned judgement noted that explanation(3) of section 67 of the Finance Act was added with effect f .....

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