9911796707
|
Home
Issues involved:
Interim stay of impugned order and waiver of pre-deposit of penalty amounts under Sections 75A, 76, and 78 of the Finance Act, 1994. Analysis: The appellant sought interim stay of the impugned order and waiver of pre-deposit of penalty amounts imposed under various sections of the Finance Act, 1994. The penalties included Rs. 500 for failure of registration u/s 75A, Rs. 100 per day u/s 76 for failure to pay service tax, and Rs. 1,50,312 u/s 78 for evasion of payment of service tax with a guilty mind. Section 76 deals with cases where the liability to pay service tax is not discharged, without requiring a guilty mind, while Section 78 specifically addresses evasion of payment with intent. These two provisions are mutually exclusive, and in cases where penalty is imposed under Section 78, no penalty can be imposed under Section 76 for the same service tax evaded. The impugned order imposed penalties under both Sections 78 and 76. Considering the facts and circumstances, the Tribunal directed the appellant to deposit Rs. 50,000 within six weeks to waive the pre-deposit of the remaining penalty amount under the impugned order. Failure to deposit the amount would result in the dismissal of the appeal. The application was disposed of accordingly, with a compliance report scheduled for 7-6-2007.
|
