Wednesday, June 15, 2016

With poor financial position - No Evasion penalty on account of non-payment

The Supreme Court of India held that where assessee had admitted tax liability but did not pay tax due to poor financial position or due to non recovery of service tax from customers, assessee cannot be held guilty of evasion and evasion penalty cannot be levied.

Delhi Transport Corporation v. Commissioner of Service Tax.[2016] 69 taxmann.com 175.

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