Piramal Healthcare Ltd Vs CCE&ST, Indore -2015(38)STR 1162(Tri-Del)
In this case, the appellant was required to pay Service Tax under reverse charge mechanism. After that they have paid the Service Tax in time, same was available to them as Cenvat Credit. By not paying the Service Tax in time, appellant has already suffered interest and have not taken credit of the Service Tax paid.Therefore, it is a situation of Revenue Neutrality Penalty u/s 76 is dropped. However, I consider that imposition of penalty u/s 77 shows the non-application of mind by the authorities. As u/s 77 penalty cannot be imposed for Non-filling of ST-3 return. In these circumstances penalty u/s 77 is also set aside.
|