2011 (5) TMI 80 - AT - Service Tax

Penalty - Assessment - Cum-tax value - Plea made by the appellants for considering the amount realized to be the cum-tax value and hence, he prays for appropriate order in this regard - The appellants have not collected any service tax amount separately during the impugned period - Hence, the appeal seeking assessment on the basis of cum-tax value is allowed and the matter is remanded to the original authority for the limited purpose of re calculating the amount of tax, interest and the 25% of the penalty amount.

Summary

The penalties under Sections 75A, 76, and 77 were set aside. Penalty under Section 78 reduced to 25%. Request for cum-tax value assessment granted. Appeal partly allowed, remanded for re-calculation of tax, interest, and penalty.