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Service Tax - Highlights / Catch Notes

Home Highlights February 2022 Year 2022 This

Levy of penalty u/s 78 - entire Service Tax and interest paid ...


Appellant's Pre-SCN Payment Insufficient; Section 73(3) Non-Compliance and Fact Suppression Justify Penalty u/s 78.

February 25, 2022

Case Laws     Service Tax     AT

Levy of penalty u/s 78 - entire Service Tax and interest paid before issuance of SCN - the appellant have not complied with the provision of section 73(3) and suppression of fact is clearly established against the appellant. Hence, they are not eligible to avail benefit under section 73(3). Accordingly, the Revenue has rightly issued the Show Cause Notice and the Adjudicating Authority has correctly imposed the penalty under section 78. - AT

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