Abhishek Raja "Ram"

@abhishekrajaram

8 months ago

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š—–š—²š˜€š˜š—®š˜ š—”š—µš—ŗš—²š—±š—®š—Æš—®š—± š—„š˜‚š—¹š—¶š—»š—“ š—¼š—» š—£š—²š—»š—®š—¹š˜š˜† š—³š—¼š—æ š—¦š—²š—æš˜ƒš—¶š—°š—² š—§š—®š˜… š—”š—¼š—»-š—½š—®š˜†š—ŗš—²š—»š˜ šŸ“¢ š—§š—µš—² š—§š—æš—¶š—Æš˜‚š—»š—®š—¹ š—µš—²š—¹š—±: "Service tax paid along with interest without a show cause notice, so penalty under extended period cannot be imposed. Appeal allowed."

šŸ” š—™š—®š—°š˜š˜€: š—”š—½š—½š—²š—¹š—¹š—®š—»š˜: Gujarat Alkalies And Chemicals Ltd š—œš˜€š˜€š˜‚š—²: The Tribunal ruled that since the appellant voluntarily paid the service tax and interest without a show cause notice, penalties under Sections 76, 77, and 78 were not applicable and were set aside.

āš–ļø š—š˜‚š—±š—“š—²š—ŗš—²š—»š˜: The Tribunal ruled that as a government company, the appellant recorded transactions accurately and voluntarily paid the service tax and interest upon notification. Under Section 73(3) of the Finance Act, 1994, no show cause notice should have been issued once the tax was paid, and no penalty could be imposed.

šŸ“œ š—–š—®š˜€š—² š—œš—»š—³š—¼š—æš—ŗš—®š˜š—¶š—¼š—»: š—§š—¶š˜š—¹š—²: Gujarat Alkalies And Chemicals Ltd vs. C.C.E. & S.T.-Vadodara-i š—¢š—æš—±š—²š—æ š——š—®š˜š—²: 07 February 2023 šŸ“œ This ruling confirms that penalties cannot be imposed when service tax and interest are paid voluntarily without the issuance of a show cause notice.

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