2012 (5) TMI 467 - AT - Service Tax

Penalty - It is not clear whether there was any evasion of service tax. Merely for delay in replying to a letter by the Range Superintendent, penalty may not be imposable, waiver of pre-deposit of penalty allowed and stay of recovery

Summary

The Appellate Tribunal CESTAT, New Delhi heard a stay petition regarding a penalty of Rs. 43,600 imposed under Section 77(1)(c) of Finance Act, 1994 for delay in submitting information. The tribunal found that the penalty may not be justified as there was no evidence of evasion of service tax. The tribunal granted waiver of pre-deposit of penalty and stay of recovery pending appeal.