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2014 (2) TMI 486 - AT - Service TaxDemand of service tax on the basis of Profit and loss account figuring in Income Tax Return - Held that:- The appellant has demonstrated the reconciliation before the Tribunal by showing Bank Statement and entries dated 04-05-2008 and 03-06-2009 - In an appeal involving such a small amount and obvious explanation from the appellant there is no reason to expose the appellant to another apparently hostile round of adjudication - it is reasonable to accept the evidence and explanation submitted by the assessee - Demand set aside. Regarding penalty u/s 78 - Held that:- this is a fit case to waive penalty in exercise of the powers under section 80. This appellant and the facts of the case cannot be considered on the same footing as the various assessees mentioned in para 10 (iv) earlier. So the penalty under section 78 is waived.
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