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2015 (3) TMI 40 - AT - Service TaxPenalty u/s 76, 77 & 78 - Willful suppression of facts - Demand of differential duty - Held that:- Show-cause notice was issued to the appellant for larger amount but after reconciliation, the amount came down to ₹ 4,22,703/- Further the figure shown in the balance sheet are on the basis of receivable basis and during the impugned period, service tax required to be paid on receipt basis. Therefore, it cannot be termed in the facts and circumstances of the case, that the appellant was having a malafide intention to suppress true facts to ascertain the service tax liability. Although the appellant has not disputed the service tax liability which have been paid along with interest, it cannot be said that the appellant are having malafide intention. In these circumstances, appellant are entitled for immunity under Section 80 of the Act. Accordingly, I set aside the penalty imposed on the appellant by giving the benefit of Section 80 of the Finance Act, 1994. In these terms, penalties are waived, the demand of service tax along with interest are confirmed - Decided partly in favour of assessee.
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