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Service Tax - Highlights / Catch Notes

Home Highlights February 2023 Year 2023 This

Levy of penalty - in case of confirmation of demand u/s 73(A) ...


Penalties u/ss 76 and 78 not applicable for Section 73(A) demands; Rs. 10,000 penalty u/s 77 imposed.

February 15, 2023

Case Laws     Service Tax     AT

Levy of penalty - in case of confirmation of demand u/s 73(A) there is no application of Section 76 and 78 for imposition of penalty. Therefore, the adjudicating authority has rightly not imposed the penalty u/s 76 & 78. - However, the respondent has not followed the provision such as non-obtaining the service tax registration nor deposited the service tax collected from their customer on their own therefore, in terms of Section 77 they are liable to pay penalty of Rs.10,000/-. - AT

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