No Penalty on Service Tax Due to Retrospective Amendment & Lack of Intent to Evade Tax

Maddi Lakshmaiah & Company Ltd. Vs Pr. Commissioner of Central Tax Guntur – GST (CESTAT Hyderabad) The appeal concerns imposition of penalties under Sections 76, 77, and 78 of the Finance Act, 1994 in relation to service tax liability on Renting of Immovable Property Service (RIPS) and Goods Transport Agency (GTA) services. The appellant had earned rental income during June 2007 to March 2011, which the department considered taxable. Although the appellant had paid the entire service tax liability of ₹5.41 crore along with interest, the department issued a show cause notice proposi...