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2015 (10) TMI 228 - AT - Service TaxAir Travel Agency Services - Penalty u/s 76, 77 & 78 - Held that:- Demand of service tax and payment thereof, interest and penalty under Sections 76 and 77 are not the subject matter of the appeal. The Revenue is only contesting the setting aside the penalty under Section 78 by the learned Commissioner (Appeals) - there is sufficient cause to set aside the penalty under Section 78 which is provided under Section 80 of the Finance Act, 1994. Therefore, in my considered view, the learned Commissioner (Appeals) has rightly exercised the power vested in him for setting aside the penalty imposed under Section 78. It is also a fact that the respondent have themselves suo motu deposited the service tax amount. The respondent also declared part of the taxable value in their ST-3 returns. The show cause notice was issued within the normal period of one year. Taking into consideration all these facts I am of the considered view that the penalty under Section 78 was correctly set aside - Decided against Revenue.
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