2010 (3) TMI 216

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..... Respondents CORAM: Hon'ble Ms. Jyoti Balasundaram, Vice-President The Revenue is aggrieved by the setting aside of penalties imposed on the assessees herein under the provisions of Sections 76 and 78 of the Finance Act, 1994, on the ground that the assessees had established reasonable cause for failure to pay the service tax leviable within time, and extended the protection under Section 80. .....

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..... e association in its petition before the High Court. In these circumstances it cannot be held that the assessees were guilty of suppression with intention to evade payment of tax so as to make them liable to penalty under Sections 76 and 78 of the Finance Act, 1944. The Commissioner (Appeals) has therefore rightly extended the protection under Section 80 of the Finance Act. I, therefore, uphold th .....

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