Section 114 - Substitution of new section for section 78- Penalty for failure to pay service tax for reasons of fraud, etc.

Penalty for failure to pay service tax: enhanced penalties for evasion, with reduced rates for prompt payment and records compliance.

Substitution of section 78 makes liable any person where service tax is not levied, short levied, short paid or erroneously refunded due to fraud, collusion, wilful mis statement, suppression of facts or contravention with intent to evade tax; liability includes service tax, interest and a penalty calculated as a percentage of such tax. Specified records include legally required records or invoices; transitional concession and reduced penalties apply if tax and interest are paid within prescribed thirty day periods. Appellate modification adjusts tax, penalty and interest and the time to pay reduced penalty for increased amounts runs from the appellate order.