TMI Blog2015 (9) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... is upheld to that extent with regard to the penalty being not imposed by invoking Section 80 of the Finance Act - Decided against Revenue. - APPEAL No. ST/93/11,ST/CO/14/11 - - - Dated:- 14-7-2015 - Mr. M.V. Ravindran, Member (Judicial) and Mr. Raju, Member (Technical), JJ. For the Petitioner : Shri S.R. Nair, E.O. (A.R.) For the Respondent : None ORDER Per: M.V. Ravindran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provisions of Section 80 by recording the following:- 8.3 As regards the imposition of penalty under Section 78 of the Finance Act, 1994, I find that there is some merit in the averments of the notice. In the Indian Milieu service tax is one of the more recent taxes imposed by the Central Government. In the sphere of economic taxation laws, dispute on interpretation of a particular statutory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... often it is such disputes on taxability, between the Government and the tax payer that brings about finality of interpretation of a disputed legal provision by way of rulings thereof higher appellate Courts. Such ignorance or dispute by the tax payer should not be treated on par with clandestine or surreptitious provision of services, which are done with full knowledge of their taxability and wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of charges change of rate of Service Tax in the same period, there was a reasonable cause for clerical error and short payment and that the short payment is not deliberate. Hence, I take a lenient view and waive this penalty under Sec.80, as the assessee were under bonafide belief regarding the rate of service tax. It can be seen from the above reproduced findings, the adjudicating authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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