PNB fraud due to failure of internal control, says RBI.:      Celeb jeweller Nirav Modi named in PNB’s $1.77-b fraud. Bank suspends 10 officers, lodges complaint with CBI; more banks may be hit. :      Bombay High Court in a hearing on 6th Feb, 2018 says GST regime is not user friendly. :      GST Network Chairman Ajay Bhushan return simplification panel to meet industry this week to simplify the return filing process.:    Finance Secretary Hasmukh Adhia said the Government stares at a Rs 50,000 crore GST revenue shortfall in the current fiscal. :    E-Way Bill which was to be rolled-out on 1st Feb is deferred to month-end due to technical glitches.:      TN raked in 22% more GST at Rs 23,318 crore between Jul-Dec 2017, against Rs 19,018 crore under VAT in the corresponding period the previous year. :      MoS,Corp Affairs PP Chaudhary says in Rajya Sabha that Govt has detected GST evasion of Rs 5.70 Crores in 16 cases during Jul-Nov 2017 - 6th Feb 2018. :      FM, Arun Jaitley says that States are not in favour of bringing the petroleum products under GST. :      The Finance Secretary, Hasmukh Adhia says out of 7 lakh tax payers who opted for composition scheme 5 lakhs had a turnover less than Rs 5 lakhs pa, though the exemption limit is upto Rs 20 lakhs. :     

CESTAT Chennai : M/s. East Coast Construction & Industries Ltd. Vs. Commissioner of Service Tax, Chennai : 10th March, 2017

IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH, CHENNAI

ST/5/2008
(Arising out of Order-in-Appeal No. 122/2007 dated 10.10.2007 passed by the Commissioner of Service Tax, Chennai)

M/s. East Coast Construction & Industries Ltd.
Appellant

Vs.

Commissioner of Service Tax, Chennai
Respondent

Appearance
Shri Vikram Ramakrishnan, Advocate for the Appellant
Shri K.P. Muralidharan, AC (AR) for the Respondent

CORAM
Honble Shri D.N. Panda, Judicial Member
Honble Shri Madhu Mohan Damodhar, Technical Member

Date of Hearing / Decision: 10.03.2017


FINAL ORDER No. 40433 / 2017

Per D.N. Panda

Appellant does not dispute the tax liability. It has also paid interest.


2. The prayer of the appellant is that due to financial difficulties it could not discharge the tax liability for which there is a penalty imposed under section 76 of the Finance Act, 1994. Appellant therefore prays that the Tribunal may consider this case under section 80 of the Finance Act, 1994 to exonerate from penalty, since tax liability has been discharged.


2. Revenue does not dispute discharge of tax liability.


3. Heard both sides and perused the records.


4. Considering that at the initial stage of implementation of the tax law, there was a serious confusion as to the taxability and the taxing entry under which tax shall be imposed till resolution of the dispute in the case of Larsen & Toubro Ltd. Vs. State of Karnataka reported in 2014 (34) STR 481 (SC).


5. In view of the above, there shall be no penalty on the appellant under section 76 of the Finance Act, 1994.


6. In the result, appeal is partly allowed to this extent.


(Dictated and pronounced in open court)


(Madhu Mohan Damodhar)                           (D.N. Panda)
Technical Member                                         Judicial Member


Rex

Additional Info

  • Date Range: Friday, 10 March 2017
  • Court/Authority: CESTAT
  • Tax Type: Central Excise
  • Petitioner/Appellant: M/s. East Coast Construction & Industries Ltd. Vs. Commissioner of Service Tax, Chennai
  • Respondent: M/s. East Coast Construction & Industries Ltd. Vs. Commissioner of Service Tax, Chennai
  • Appl no. or Appl year: ST/5/2008
  • Supreme Court Location: Delhi
  • CESTAT Location: Chennai
  • AAR Location: Delhi
  • Authority: Supreme Court

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