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Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
The appellant's appeal was allowed by the Appellate Tribunal, and the penalty imposed u/s 78 of the Finance Act, 1994, was set aside. It was held that when an assessee admits and discharges the service tax liability along with interest before the issuance of a show cause notice, it demonstrates a reasonable cause for non-payment, and the case stands closed u/s 73(3) of the Act. Since the appellant recorded the entire transaction in their books and paid the tax liability and interest without any mala fide intention, invoking Sections 73(3) and 80 of the Act, the penalty was rightly set aside.
The appellant's appeal was allowed by the Appellate Tribunal, and the penalty imposed u/s 78 of the Finance Act, 1994, was set aside. It was held that when an assessee admits and discharges the service tax liability along with interest before the issuance of a show cause notice, it demonstrates a reasonable cause for non-payment, and the case stands closed u/s 73(3) of the Act. Since the appellant recorded the entire transaction in their books and paid the tax liability and interest without any mala fide intention, invoking Sections 73(3) and 80 of the Act, the penalty was rightly set aside.
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