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No penalty if no material to prove suppression of facts to Evade Service Tax
Case Law Details
- Case Name
- Commissioner of CGST & Excise Vs Asian Hotel (East) Limited (CESTAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Kolkata
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Commissioner of CGST & Excise Vs Asian Hotel (East) Limited (CESTAT Kolkata)
In this case, I find that the contention of the appellant that he bona fidely believed that he is not liable to pay service tax but during the audit, the audit party informed him that he is liable to pay service tax, then he immediately paid the entire service tax along with interest. Except mere allegation of suppression, the Department did not bring any material on record to prove that there was suppression and concealment of facts to evade payment of tax. Consequently, in my opinion, the imposition of penalty u...
