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Service Tax - Highlights / Catch Notes

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Penalty u/s 78 of the Finance Act, 1994 - Once all the facts are ...

Service Tax

September 7, 2013

Penalty u/s 78 of the Finance Act, 1994 - Once all the facts are reflected in the ST-3 Returns as well as in the Balance Sheet, the allegation of suppression of facts is untenable and accordingly, imposition of penalty under Section 78 of the Finance Act, 1994, is unwarranted - AT

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  2. Demand based on reconciliation of ST returns with the balance sheet - stay granted - AT

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  4. Penalty u/s 78 - failure to discharge tax - Construction services - both the authorities below have rightly imposed and upheld penalty under section 78 of the Finance Act, 1994.

  5. ST - Whether the penalty imposable under the Finance Act, 1994 is automatic – Held no - HC

  6. Levy of penalty u/s 76 and 78 of the Finance Act, 1994 - taxability of Sale of Space or Time for Advertisement - it is a case of bonafide mistake - no penalty - AT

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  9. Levy of penalty u/s 78 of the Finance Act, 1994 - No independent reasons have been given by the first appellate authority to confirm the penalty under Section 78 of the...

  10. Levy of penalty u/s 78 - once the taxes have been paid, along with interest, the entire proceedings under the Finance Act, 1994 are concluded.

 

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