Service Tax - Penalty u/s 76 - Service Tax authorities should not impose maximum penalty blindly whereas the minimum penalty and maximum penalty both have been prescribed

Service Tax - Penalty u/s 76 - Service Tax authorities should not impose maximum penalty blindly whereas the minimum penalty and maximum penalty both have been prescribed https://www.taxtmi.com/news?id=468 When a statute prescribes both minimum and maximum penalties, authorities must exercise discretion and apply their mind to whether the minimum, an intermediate, or the maximum penalty is appropriate; routine imposition of the maximum without reasoned assessment is impermissible and decision-makers should record factual and mitigating considerations supporting the selected penalty within the statutory range. en-us Sun, 15 Jun 2008 00:21:45 +0530 Mon, 23 Jun 2008 09:50:00 +0530 TaxTMI RSS Generator Service Tax - Penalty u/s 76 - Service Tax authorities should not impose maximum penalty blindly whereas the minimum penalty and maximum penalty both have been prescribed https://www.taxtmi.com/news?id=468 When a statute prescribes both minimum and maximum penalties, authorities must exercise discretion and apply their mind to whether the minimum, an intermediate, or the maximum penalty is appropriate; routine imposition of the maximum without reasoned assessment is impermissible and decision-makers should record factual and mitigating considerations supporting the selected penalty within the statutory range. News - Sun, 15 Jun 2008 00:21:45 +0530 https://www.taxtmi.com/news?id=468