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Penalty leviable even if service tax is paid before SCN
Case Law Details
- Case Name
- K. Madhav Kamath Brother & Co. Vs Asst. Comm. of Central Excise (Karnataka High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Karnataka High Court
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CA Sumit Grover
Recently, Hon’ble Karnataka High Court in the matter of K. Madhav Kamath Brother & Co. v. Asst. Comm. of Central Excise, pronounced that even if service tax is paid prior to Show Cause Notice, still the penalty shall be leviable u/s 76/78, 77 of Finance Act’94.
Brief facts of the case:
The matter pertains to the period Jan’06 to Oct’06. The department issued SCN for non-filing of return& non-payment of service tax along with the levy of penalty on the same(within the SCN itself) u/s 76/78 & 77 of Finance Act’94
However, the assessee d...
it is already settled law any genuine error takes place, revenue cannot go ahead with penalty, if the sections say penalty is to be paid such sections deserve to be delivered by courts of competent jurisdiction under doctrine of severability, so the appellant can move honorable SC for necessary relief, even hon SC granted reief to PwC matter in satyam computers matter,the CAs made genuine errors that way hon SC gave relief is a world known fact!
i commend Appellant can move hon SC for relief under Art 32 civil writ instead of SLP under Art 136