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Issue ID: 111262
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penalty on department of post rs 26 lac

Date 22 Dec 2016
Replies 13 Replies
Views 1892 Views
Recovery of service tax from officials depends on proving absence of mala fide intent to avoid penalties and collection.
Where a Central Government department failed to effect book transfers and file service tax returns, assessments and penalties were imposed; late fees remain non waivable but penalties based on mala fide intention may be set aside if absence of intentional evasion is demonstrated. Appeals and High Court review, reliance on precedents about book adjustments for government departments, and evidentiary proof on intent are the principal remedial routes, while statutory recovery mechanisms may permit imposition and salary recovery from officials for negligence. (AI Summary)

sir this case is due to clerical fault but it is converted in to penalty against postmaster ujjain and employees

service tax introduced in department of post apr-2006 they were new to file st-3

deposit of collacted tax to be credit by book transfer department of post to service tax department

due to lack of knowledge they failed to file in time and allow to various government departments excemption local bodies of service tax department refuse the book adjestment and issued notice in 2009 they appeal commissioner service tax indore and after that CESTAT IN 2014 but they reject the plea.

we are approaching to high court .

IS THEIR IS ANY OTHER ROUTE TO SOLVE THIS ISSUE BECAUSE DEPARTMENT OF POST IS GOING TO IMPOSE ALL ₹ 2692268/- AND PENALTY TO SEVERAL EMPLOYEES ,-.

PLEASE

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