Self- Practice
35 Points
Joined May 2016
SECTION 73
No penalty shall be imposed in respect of any service tax payment made by the assessee with applicable interest before issue of Show Cause Notice u/s 73(1) in cases not covered by extended period of limitation, i.e. cases where service tax is not payable by reason of fraud, collusion, willful misstatement, suppression, etc.
In cases of service tax determined during the course of audit, investigation or verification, even if those cases are covered by extended period of limitation, if the service tax along with interest and penalty equal to 1% of such tax, for each month, for the period during which the default continues, up to a maximum penalty of 25% of the tax amount, is paid before the issue of show cause notice u/s 73(1), then proceedings in respect of such tax paid shall be deemed to be concluded.
· SECTION 80
No penalties u/s 76 and 77 can be imposed if the assessee proves that there was reasonable cause for any such failure or contravention;