2008 (7) TMI 293 - AT - Service Tax

Service tax paid after the due date - service tax paid in respect of GTA service from the Cenvat account on due date - applicant paid in cash on 15-6-06 under protest when revenue pointed that applicants are not entitled to utilize the Cenvat credit in view of tribunal s decision the case of Bhushan Power & Steel Ltd, recipient of service was entitled to discharge the service tax liability from Cenvat account in respect of goods transport agency service - Pre-deposit of penalty is waived

Summary

The Appellate Tribunal CESTAT, New Delhi granted waiver of pre-deposit of penalty to the appellant. The penalty was imposed for paying service tax after the due date, but the appellant argued they used the Cenvat account for payment. The Tribunal agreed with the appellant citing a previous case and waived the penalty. Stay petition was allowed.