2010 (2) TMI 203 - AT - Service Tax

Classification of services suppression of facts - the Revenue issued a show-cause notice proposing levy of service tax under Consultancy Engineer Service and also a notice proposing levy of service tax under Intellectual Property Right Service . In these circumstances, it cannot be said that the assessee willfully suppressed the fact of non-payment of tax with intention to avoid payment of duty penalty set aside

Summary

The Appellate Tribunal CESTAT, Chennai waived the requirement of predeposit of penalty and stayed recovery pending appeal. The penalty imposed on the assessee under Section 76 was set aside as there was a reasonable cause for delayed payment, following the decision in Hyundai Motors case. The appeal was allowed.