Specify the penalty imposable for failure to pay service tax under section 76 of the Finance Act, 1994.
CS Professional · Advanced Tax Laws and Practice · PYQS · June 2016
Specify the penalty imposable for failure to pay service tax under section 76 of the Finance Act, 1994.
Answer & Explanation:
As per section 76 of the Finance Act, 1994 as amended vide section 113 of the Finance Act, 2015 where service tax has not been levied or paid, or has been short-levied or short-paid, or erroneously refunded, for any reason, other than the reason of fraud or collusion or wilful mis-statement or suppression of facts or 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 who has been served notice under sub-section (1) of section 73 shall, in addition to the service tax and interest specified in the notice, be also liable to pay a penalty not exceeding ten per cent of the amount of such service tax. Provided that where service tax and interest is paid within a period of thirty days of- the date of service of notice, no penalty shall be payable and proceedings in respect of such service tax and interest shall be deemed to be concluded. the date of receipt of the order of the Central Excise Officer determining the amount of service tax, the penalty payable shall be 25% of the penalty imposed in that order, only if such reduced penalty is also paid within such period.
Topics: Indirect Tax
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