TaxTMI 
TaxTMI 
Penalty for failure to pay service tax for reasons of fraud, etc.
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....able to pay a penalty which shall be equal to hundred per cent. of the amount of such service tax: "Provided that in respect of the cases where the details relating to such transactions are recorded in the specified record for the period beginning with the 8th April, 2011 upto the date on which the Finance Bill, 2015 receives the assent of the President (both Days inclusive), the penalty shall be fifty per cent of the service tax so determined.". Provided further that where service tax and interest is paid within a period of thirty days of -- (i) the date of service of notice under the proviso to sub-section (1) of section 73, the penalty payable shall be fifteen per cent. of such service tax and proceedings in respect of such serv....
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....the case may be, over and above the amount as determined under sub-section (2) of section 73, the time within which the interest and the reduced penalty is payable under clause (ii) of the second provisio to sub-section (1) in relation to such increased amount of service tax shall be counted from the date of the order of the Commissioner (Appeals), the Appellate Tribunal or the court, as the case may be.] ***************************** Notes : 1. Substituted for the portion beginning with the words "If the Assistant Commissioner" and ending with the words "value of such taxable service:" by the Finance (No. 2) Act, 2004, w.e.f. 10-9-2004. Prior to its substitution, the said portion, as amended by the Finance Act,....
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....roval of the Commissioner of Central Excise." 3. Substituted for "Assistant Commissioner of Central Excise or, as the case may be, the Deputy Commissioner of Central Excise" by the Finance Act, 2005, w.e.f. 13-5-2005. 4. Fifth proviso inserted vide Finance Act, 2008 w.e.f. 10-5-2008 5. Substituted vide Finance Act, 2011, before it was read as, "Penalty for suppressing value of taxable service. 78. ^1[Where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded, by reason of- (a) fraud; or &nbs....
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....educed penalty under the first proviso shall be available only if the amount of penalty so determined has also been paid within the period of thirty days referred to in that proviso : Provided also that where the service tax determined to be payable is reduced or increased by the Commissioner (Appeals), the Appellate Tribunal or, as the case may be, the court, then, for the purposes of this section, the service tax as reduced or increased, as the case may be, shall be taken into account : Provided also that in case where the service tax determined to be payable is increased by the Commissioner (Appeals)....
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.... it was read as, "^[5]78. Penalty for suppressing, etc., of value of taxable services.- (1) Where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded, by reason of- (a) fraud; or (b) collusion; or (c) wilful mis-statement; or (d) suppression of facts; or (e) contravention of any of the provisions of this Chapter or of the rules made thereunder with the intent to evade payment of service tax, the person, liable to pay such service tax or erroneous refund, as determined under sub-section (2) of section 73, shall also be l....