2008 (5) TMI 148 - AT - Service Tax

Application for waiver of penalty imposed under Sections 76 and 77 - service of Rent-a-Cab - delay in depositing the tax due to lack of proper knowledge of Service tax applicable to them - Commissioner (Appeals) on identical situation set aside the penalty as the assessee had no mala fide intention to make late payment - applicant has contended that the same Commissioner (Appeals) in their case, had given a different finding - this is a fit case for waiver of pre-deposit of penalty

Summary

The Appellate Tribunal CESTAT NEW DELHI granted waiver of penalty for an applicant providing 'Rent-a-Cab' service due to a delay in tax deposit caused by lack of knowledge. The penalty was waived till the appeal's disposal as there was no mala fide intention found. The stay application was allowed.