Supreme Court - Daily Orders
Commr Of Service Tax,Mumbai vs M/S Lark Chemicals P.Ltd. on 26 February, 2016
Bench: A.K. Sikri, R.K. Agrawal
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3890 OF 2011
COMMISSIONER OF SERVICE TAX, MUMBAI ... Appellant
VERSUS
M/S LARK CHEMICALS P.LTD. ... Respondent
O R D E R
The issue that arose for consideration before the court below was as to whether Section 80 of the Finance Act, 1994 (hereinafter referred to as Act) envisages only a complete waiver of penalty once reasonable cause of failure is established by the assessee or whether the provision can also be applied to a level below the minimum penalties specified under Section 76 and 78 of the Finance Act, 1994.
The said issue is decided by the High Court in favour of the respondent-assessee. However, this view is now found to be incorrect having regard to the judgment of this Court in 'Union of India and Others v. Dharamendra Textile Processors and Others' [2008 (13) SCC 369].
Following the aforesaid judgment, this appeal is allowed and the impugned order of the High Court is set aside.
......................, J.
[ A.K. SIKRI ] Signature Not Verified ......................, J.
Digitally signed byNIDHI AHUJA Date: 2016.02.29 17:52:58 IST
Reason: [ R.K. AGRAWAL ]
New Delhi;
February 26, 2016.
ITEM NO.45 COURT NO.12 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No. 3890/2011
COMMR OF SERVICE TAX,MUMBAI Appellant(s)
VERSUS
M/S LARK CHEMICALS P.LTD. Respondent(s)
Date : 26/02/2016 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. Yashank Adhyaru, Sr. Adv. Mr. Vikas Singh Jangra, Adv. Mrs. Anil Katiyar, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the signed order.
(Nidhi Ahuja) (Tapan Kr. Chakraborty)
Court Master Court Master
[Signed order is placed on the file.]