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2015 (4) TMI 658 - AT - Service TaxWaiver of penalty imposed u/s 78 - service tax liability and interest were paid on having pointed out by the departmental authorities after visiting their premises - Event Management Services - Held that:- the discharge of service tax on being pointed out, by appellant, gets covered under the provisions to provide that no show-cause notice is required to be issued if the assessee discharges the service tax and interest liability on his own ascertainment or on being pointed out by the Central Excise Officers. We hold that the said Section will be applicable to this case. We also find that the appellant could have entertained a bonafide belief that the services rendered by them is of Event Management of the marriage may not be covered under the tax net. In our considered view, this is a fit case for invoking provisions of Section 80 of the Finance Act, 1994. By invoking the said provisions of Section 80 of the Finance Act, 1994, we set aside the penalties imposed by the lower authorities. We would also like to record the argument taken by the appellant before the lower authorities that the 'Extra Ordinary tax Payers Friendly Scheme' is correct and applicable in this case; as has been settled by the Union of Indian Union of India v. Amit Kumar Maheshwari - [2008 (12) TMI 43 - HIGH COURT RAJASTHAN] - Penalty is set aside - Decided in favour of assessee.
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