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As Per Section 78, where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded, by reason of 

(a) fraud; or 

(b) collusion; or 

(c) wilful mis-statement; or 

(d) suppression of facts; or 

(e) contravention of any of the provisions or of the rules with intent to evade payment of service tax the person shall be liable to pay service tax or erroneous refund, and also be liable to pay a penalty, in addition to such service tax and interest which shall equal to the amount of service tax so not levied or short-paid or erroneously refunded.

However the amount of penalty shall be reduced to:
(a) 50% where true and complete details of the transactions are available in the specified records.

(b) 25% where true and complete details of the transactions are available in the specified records and the amount of service tax, interest and penalty has been paid within 30 days.


In case of service providers whose taxable value of service tax does not exceed ` 60 lakhs, the period of 30 days shall be extended to 90 days.

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