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2016 (10) TMI 82 - CESTAT BANGALORELevy of penalty - delayed payment of service tax under reverse charge - on account of oversight, the appellant omitted to consider an expenditure during the relevant year - service tax was paid as per the observation of the Audit Party - Held that:- the contention of the appellant that he bonafide believed that he is not liable to pay service tax but during the audit, the audit party informed him that he is liable to pay service tax, then he immediately paid the entire service tax along with interest. Except mere allegation of suppression, the Department did not bring any material on record to prove that there was suppression and concealment of facts to evade payment of tax. Consequently, in my opinion, the imposition of penalty under Section 78 of the Act is not justified and bad in law. - No penalty - Decided in favor of assessee.
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