TMI Blog2011 (7) TMI 940X X X X Extracts X X X X X X X X Extracts X X X X ..... ry fact that the legislature has included Section 78 within the scope of Section 80 of Finance Act would imply that even in cases where suppression is involved the adjudicating authority can exercise power under Section 80 of the Act - the authority is duly empowered under section 80 to waive the penalty under Section 78 in case the assessee discloses sufficient cause for exercise of such power. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice to M/s.Maruti Finance. However, the Commissioner has not imposed any penalty under Section 76/78 of the Finance Act. Contention of Revenue is that in the impugned order there is a finding that there is a wilful suppression of fact with intent to evade payment of Service Tax. In spite of this the adjudicating authority invoked Section 80 of the Finance Act and held that there is a reasonable c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paying Service Tax on behalf of their dealers. When this fact was pointed out by the Revenue the Respondents immediately paid the tax along with interest. Hence the provision of Section 80 of the Finance Act is rightly invoked by the adjudicating authority. 4. The very fact that the legislature has included Section 78 within the scope of Section 80 of Finance Act would imply that even in cases w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of interest and the assessee had also cooperated with the department in the course of investigation. Besides there are various other reasons available on record to justify the view taken by the lower authority. In these circumstances, there was reasonable cause for failure on the part of the assessee to clear the dues in time. We do not find that the said finding can be said to be either pervers ..... X X X X Extracts X X X X X X X X Extracts X X X X
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