2008 (2) TMI 253 - AT - Service Tax

Penalty - Respondents deposited the tax on 10-10-2006 for the period 1st April, 2005 to 31st March, 2006. Show cause notice was issued on 28-2-2007 - Commissioner (Appeals) observed that the respondent has acted in a bona fide manner which was not disputed by the Revenue - So, Commissioner (Appeals) has rightly set aside the penalty u/s 76 - appeal of Revenue is rejected

Summary

The Revenue appealed against the Commissioner (Appeals) setting aside penalty under Section 76 of the Finance Act, 1994. The Respondents deposited tax on 10-10-2006 for the period 1st April, 2005 to 31st March, 2006. The Adjudicating Authority confirmed tax and imposed penalty, which was set aside by the Commissioner (Appeals) due to the respondent's bona fide actions. The appeal of Revenue was rejected by the Appellate Tribunal CESTAT NEW DELHI.