https://www.taxtmi.com/caselaws?id=765029 CESTAT Ahmedabad allowed the appeal against levy of interest and penalty for short payment of service tax. The tribunal held that provisions of Section 78 of Finance Act, 1994 for penalty could not be invoked as required elements were absent, noting audit party identified short payment based on available contracts with no suppression of facts. Regarding interest demand under Section 75, the tribunal found the 2014 show cause notice for payments made in 2011 and demands pertaining to 2005-08 was beyond normal limitation period. Following Gujarat HC precedent, the tribunal ruled that non-declaration of something not required under law does not constitute mis-declaration, making the impugned orders legally unsustainable. en-us Wed, 22 Jan 2025 00:00:00 +0530 Fri, 24 Jan 2025 08:44:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=765029 CESTAT Ahmedabad allowed the appeal against levy of interest and penalty for short payment of service tax. The tribunal held that provisions of Section 78 of Finance Act, 1994 for penalty could not be invoked as required elements were absent, noting audit party identified short payment based on available contracts with no suppression of facts. Regarding interest demand under Section 75, the tribunal found the 2014 show cause notice for payments made in 2011 and demands pertaining to 2005-08 was beyond normal limitation period. Following Gujarat HC precedent, the tribunal ruled that non-declaration of something not required under law does not constitute mis-declaration, making the impugned orders legally unsustainable. Case-Laws Service Tax Wed, 22 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=765029