9911796707
TMI Blog2019 (6) TMI 1245X X X X Extracts X X X X X X X X Extracts X X X X ..... issue of determining order; and (ii) that the penalty imposed is equal to the amount of service tax confirmed, however, if the assessee deposits the 25% of penalty within a period of one month, the amount of 100% or equal amount of penalty can be reduced to 25%. The learned Commissioner (Appeals) erred in determining the quantum of penalty at 25% of the service tax demand and wrongly extended the benefit to the assessee for 25% of mandatory equal amount of penalty as provided under section 78 of Finance Act, 1994. Penalty set aside - appeal dismissed - decided against Revenue. - Service Tax Appeal No. 52281/2016 - FINAL ORDER NO. 50806 /2019 - Dated:- 25-6-2019 - MR. DILIP GUPTA, PRESIDENT AND MR. C L MAHAR, MEMBER (TECHNICA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Collusion; (c) Willful mis-statement; or (d) Suppression (e) Contravention of any of the provisions of this Chapter or of the rules made thereunder with intent to evade payment of service tax, the person, liable to pay such service tax or erroneous refund, as determined under sub-section (2) of section 73, shall also be liable to pay a penalty, in addition to such service tax and interest thereon, if any, payable by him, which shall be equal to the amount of service tax so not levied or paid or short-levied or short paid or erroneously refunded: Provided that where true and complete details of the transactions are available in the specified records, penalty shall be reduced to fift ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of reduced penalty under the second proviso to sub-section (1), shall be available, if the amount of service tax so increased, the interest payable thereon and twenty-five per cent of the consequential increase of penalty have also been paid within thirty days or ninety days, as the case may be, of communication of the order by which such increase in service tax takes effect: Provided further that if the penalty is payable under this section, the provisions of section 76 shall not apply. Explanation .- For the removal of doubts, it is hereby declared that any amount paid to the credit of the Central Government prior to the date of communication of the order referred to in the second proviso to sub-secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce Tax, Delhi II vs. Tops Security Ltd. reported in 2015 (12) TMI 443 . The relevant extract of the above decision is reproduced hereinbelow: 26. The upshot of this discussion is that an appellate authority cannot at the appellate stage give the option to an Assessee to pay the reduced penalty within a time that is beyond what is stipulated in the third proviso to Section 78 (1) of the Finance Act, 1994. The statute is explicit. The second proviso states that the payment of the service tax and interest has to be paid within paid within thirty days from the date of communication of order of the Central Excise Officer determining such service tax and the third proviso states that the reduced penalty that has been determined a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
