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    <title>2025 (4) TMI 967 - CESTAT ALLAHABAD</title>
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    <description>Suppression of commission receipts from ST-3 returns was treated as suppression of material facts with intent to evade tax, so the ingredients for penalty under Section 78 of the Finance Act, 1994 were satisfied. Where the service tax demand is modified in appeal, the corresponding penalty and interest are to be recalibrated, and the assessee must be allowed the statutory option to pay the reduced penalty within the prescribed period. The substantive finding of liability under Section 78 was maintained, but the reduced-penalty benefit at 25% of the modified tax amount was directed to be available within 30 days.</description>
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      <link>https://www.taxtmi.com/caselaws?id=769053</link>
      <description>Suppression of commission receipts from ST-3 returns was treated as suppression of material facts with intent to evade tax, so the ingredients for penalty under Section 78 of the Finance Act, 1994 were satisfied. Where the service tax demand is modified in appeal, the corresponding penalty and interest are to be recalibrated, and the assessee must be allowed the statutory option to pay the reduced penalty within the prescribed period. The substantive finding of liability under Section 78 was maintained, but the reduced-penalty benefit at 25% of the modified tax amount was directed to be available within 30 days.</description>
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      <pubDate>Thu, 17 Apr 2025 00:00:00 +0530</pubDate>
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