2008 (10) TMI 232

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..... ance Act, 1994, penalty for delay in service tax cannot exceed the amount of service tax which the assessee is liable to pay - the view taken by the Revisional Authority is the only possible view - No substantial question arises for consideration – revenue appeal dismissed - 23 of 2008 - - - Dated:- 31-10-2008 - Adarsh Kumar Goel and L.N. Mittal, JJ. Shri Sanjeev Kaushik, Advocate, for the .....

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..... ing reliance on the judgment of Hon'ble High Court of Karnataka in the case of CCE Bangalore v. Sunitha Shetty - 2004 (174) E.L.T. 313 (Karnataka) without discussing its application in the present case." 2. The assessee is assessable to service tax for the insurance and auxiliary services. On account of delay in payment of tax, show cause notice was issued to levy penalty. The Adjudicating .....

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..... service tax in accordance with the provisions of Section 68 or the rules made thereunder, who fails to pay such tax shall pay in addition to paying such tax, and interest on the tax in accordance with the provisions of Section 75, a penalty which shall not be less than one hundred rupees but which may extend to two hundred rupees for every day during which such failure continues, so, however, tha .....

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