TMI Blog2006 (12) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... h sides, I am of the view that the appeal itself requires to be finally disposed of at this stage. Accordingly, after dispensing with pre-deposit, I take up the appeal. During the period of dispute (May 25, 2004 to June 5, 2005), the appellants were rendering taxable services to their clients but not paying tax thereon. Upon realising their liability, they paid the service tax for the above per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellants are claiming the benefit of sections 80 of the Finance Act, 1994, which reads as under: 80. Penalty not to be imposed in certain cases. Notwithstanding anything contained in the provisions of section 76, section 77, section 78 or section 79, no penalty shall be imposable on the assessee for any failure referred to in the said provisions, if the assessee proves that there was reasonabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven to them. Reliance is also placed on the Tribunal's decision in Catalyst Capital Services Pvt.Ltd.v.Commissioner of Central Excise, Mumbai-IV [2005] 184 ELT 34 (Tri-Mumbai), wherein the delayed payment of service tax by an assessee was held to be without mala fide intention and, accordingly, penalty under section 76 of the Finance Act was vacated. Learned SDR reiterates the findings recorde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties on them under sections 76 and 77 should have been dropped inasmuch as the assessee had, by showing such reasonable cause for the failure to pay tax in time, established a case for exoneration from penalty under section 80. On the facts of the case, the Tribunal's Larger Bench decision cited by learned consultant seems to be supportive of the appellant's case. In the result, the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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