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2010 (6) TMI 84 - HC - Service TaxPenalty u/s 78 – demand confirmed for extended period of limitation – CESTAT dropped the penalty holding that none of the ingredients to impose penalty under Section 78 of the Finance Act, 1994, viz. fraud, collusion, wilful misstatement, suppression or contravention with the intent to evade payment of service tax was alleged – Held that: - the approach of the Tribunal in finding fault with the order of the Commissioner that there was no allegation of either fraud or collusion or wilful mis-statement or suppression of facts, merit acceptance. Reading Sections 78 and 80 together, where again it is stated that for imposition of penalty under Section 78, the presence of reasonable cause would be germane, we are of the view that the order of the Tribunal in interfering with the order of the Commissioner by upholding the penalty under Section 76 of the Finance Act, 1994 while reducing the same from Rs.200/- per day to Rs.100/- per day and the penalty of Rs.1000/- imposed under Section 77 and in setting aside the penalty imposed under Section 78 of the Act, is well justified and we do not find any good ground to interfere with the same
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