TMI Blog2007 (12) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... inance Act empowers the proper officer to condone the failures in complying with the provisions by assessee after he was satisfied that reasonable cause for such failure existed – Penalty was rightly waived by exercising discretion under section 80 - S/139/2005 - 1499/2007 - Dated:- 17-12-2007 - Shri P. Karthikeyan, Member (T) [Order].- 1. M/s. Military Ex-Servicemen Services provided sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the penalty on irrelevant consideration such as, the appellant is an organization of ex-servicemen who had spent the prime of their life in serving the nation and that they deserved some leniency. He submits that having collected the service tax, the respondents had knowingly withheld the tax. The penalty imposed was justified and deserves to be restored. 3. Ld. counsel for the respondents sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ell as the department. Many assessees would have found procedural formalities relating to the service tax complex. Accordingly, he exercised his discretion under Section 80 of the Finance Act and waived the penalty under Section 76. I find that Section 80 of the Finance Act empowers the proper officer to condone the failures in complying with the provisions by the assessee after he was satisfied t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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