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2016 (11) TMI 937 - CESTAT MUMBAI

2016 (11) TMI 937 - CESTAT MUMBAI - TMI - Service tax liability - Business Auxiliary Service - non-declaration of the correct value of an amount received from one of the clients as commission - imposition of penalty u/s 78 of the Finance Act, 1994 - Held that: - the appellant has admitted to short payment of the service tax liability and has paid the tax amount on being pointed out by the audit officers except for a small amount of ₹ 2.15 lakhs which was also paid off after issuance of sho .....

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t has been declared in the balance sheet as receipts. In our view this plea of the appellant that there was a bonafide error in not recording the amount in the ST-3 return is seems to be acceptable. In the facts and circumstances of this case, by invoking the provisions of Section 80 of Finance Act, 1994, we set aside the penalty imposed by the adjudicating authority under Section 78 of Finance Act, 1994 - appeal disposed off. - Appeal No. ST/357/11 - Order No.A/86867/16/STB. - Dated:- 23-3-2016 .....

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09 wherein appellant had not declared the correct value of an amount received by them from one of their clients as commission. On being pointed out of such lapse, appellant-assessee paid almost the entire tax liability except for an amount of ₹ 2,15,709/- along with interest before the issuance of show-cause notice. Subsequently, the appellant-assessee has also deposited an amount of ₹ 2,15,709/- inclusive of interest liability within two months of issuance of show-cause notice. 4. I .....

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