Software Maintenance Tax Lapse: Appellants Liable for Penalty u/s 76, Despite Credit Entitlement Post-April 1, 2008.

Levy of service tax - software maintenance services - The appellants are well established service tax registrants and therefore, we are of the considered opinion that the lapse of non-payment of service tax during the relevant period cannot be taken lightly - the appellants are entitled to utilise the balance credit after 1.4.2008, they will be liable to pay penalty under Section 76 of the Finance Act, 1994, as applicable during the relevant period. - AT .....

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