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Issues involved: Appeal against imposition of penalty u/s 76, 77, and 78 of the Finance Act, 1994.
Summary: Issue 1: Imposition of penalty under Section 76, 77, and 78 of the Finance Act, 1994 The appellant, a receiver of transport service by road, filed an appeal against the imposition of penalties under various sections of the Finance Act, 1994. The appellant had paid taxes for the period April 2005 to December 2005 promptly after registration. However, there was a delay in paying taxes for January 2005 to March 2005. The adjudicating authority imposed penalties totaling &8377; 89,650 for various reasons. The Commissioner (Appeals) upheld the penalties. The appellant argued that as it was a new levy on GTA service, penalties should not be imposed. The Tribunal found that penalties for the period April 2005 to December 2005 were not justified as taxes were paid promptly after registration. No evidence of suppression of facts was presented by the Revenue. However, a penalty of &8377; 13,059 was imposed for the delayed payment of taxes for January 2005 to March 2005. The penalties were reduced to &8377; 13,059 under Section 76 and &8377; 500 under Section 77 of the Finance Act, 1994. End of Summary
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