SAHAB SINGH, D.N.PANDA
ABN Amro Bank – Appellant
Versus
Commissioner of Central Excise, Noida – Respondent
D.N. Panda, Judicial Member. - The appellant came in appeal against the Order-in-Original dated 21-1-2009 giving rising to following consequences :
"(i)Service Tax of Rs. 2,63,42,711 and Ed. Cess of Rs. 4,13,431 aggregating Rs. 2,67,56,142 was demanded in terms of provisions of section 73 of the Finance Act, 1994 (hereinafter referred to as "the Act") under extended period, along with interest due thereon under section 75, ibid, from M/s. ABN AMRO Bank, Noida;
(ii)(a) Penalty at the rate of Rs. 150 per day was imposed for failure in paying Service Tax from the due date of Service Tax to the date of payment of Service Tax for the period prior to 18-4-2006 under section 76, ibid and (b) Penalty at the rate of 2 per cent per month starting from 18-4-2006 to the date when the entire amount of Service Tax was paid was imposed under section 76 ibid and penalty under sub-clauses (a) and (b) above in totality shall not exceed the amount of service tax, i.e., Rs. 2,67,56,142;
(iii)Penalty of Rs. 1000 only was imposed under section 77 of Finance Act, 1994 on M/s. ABN AMRO Bank, Noida; and
(iv)Penalty of Rs. 4,00,00,000 (Rs. four crores only) was imposed under section 78 of Finance Act, 1994
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