Friday 13 March 2015

Tribunal has power to decide upon provision applicable for levying penalty even if not called upon t

Service Tax : Even if department has not appealed against adjudication/appellate orders levying penalty under section 78, then also, on assessee's appeal against penalty under section 78, Tribunal has power to decide appropriate section applicable for levy of penalty and therefore, levy of penalty under section 76 by Tribunal was valid


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