Tax Management India. Com
                            Law and Practice: A Digital eBook ...
TMI - Tax Management India. Com
Case Laws Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Manuals SMS News Articles
Highlights
        Home        
 
Extracts
Home List
← Previous Next →

2016 (7) TMI 1079

Waiver of penalty u/s 80 - the penalties imposed under Section 76,77 & 78 were set aside by the Ld. Commissioner (Appeals). - the respondent has paid the entire amount of service tax along with interest and not contested the same. - the transaction in respect of the services on which the service tax was not paid was also retrieved from the books of accounts of the respondent which shows that the respondent did not try to hide the transaction. - No penalty. - Appeal No. ST/60/2011, ST/CO/100/2012 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ility and paid the tax liability alongwith interest. In the adjudication of show cause notice dt. 29.7.2009 the adjudicating authority confirmed the tax liability of ₹ 24,90,909/- and interest. The respondent had paid the entire tax liability along with interest. In an appeal filed by the respondent before the Commissioner (Appeals) the penalties imposed under Section 76,77 & 78 were set aside by the Ld. Commissioner (Appeals). However, the demand of service tax and interest thereon ad .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

mposed under Section 76,77 & 78 of the Act. The relevant findings of the Commissioner is reproduced below: 11. I find that in this case, there is a delayed payment of Service Tax. However, the appellants have paid Service Tax amount along with interest before the issue of Show Cause Notice. The allegations of suppression of facts, charged in the Show Cause Notice is mainly based on the fact that the appellants have not filed ST-3 Returns in time. However, in a similar matter in the case of C .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

g authority has also imposed penalty under Section 78 of Finance Act, 1994 on the ground that the appellant have collected the service tax amount but not paid to the Department. In this case, the appellant s main plea is that the Service Tax amount was not paid due to financial hardship. However, they paid the service tax amount along with interest subsequently and in any case before the issue of Show Cause Notice. In this respect, the appellants have relied upon the Hon ble CESTAT judgment in t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.