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2016 (11) TMI 320 - AT - Service TaxWaiver of Penalty - willful suppression - Whether equal penalty is to be levied in the present case as it is an undisputed fact that tax along with interest stands paid - Held that: - the argument of the Appellant is not tenable in view of the principle laid down by the Hon’ble Supreme Court in the case of UOI Vs Kamlakshi Finance Corporation Ltd. 1991 [ 1991 (9) TMI 72 - SUPREME COURT OF INDIA ], wherein it was held that mere fact of filing an appeal can furnish no ground for not following a judicial pronouncement unless its operation has been suspended by a competent Court - only omission on the part of the Respondent was non-payment of tax and that they have paid the same along with interest upon intimation by the DGCEI - there is no suppression much less a willful suppression on the part of the Respondent to evade payment of tax which is a pre-requisite for invocation of extended period and imposition of penalty. Regarding Penalty - there is a specific provision for waiver of penalty under the Finance Act, 1994 when reasonable cause exists whereas the same is not available under Central Excise law - In the present case, as seen above, there is no suppression of facts with an intention to evade payment of duty and accordingly a reasonable cause is present to invoke Section 80 of the Finance Act, 1994 - Decided in favor of the assessee.
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