2016 (9) TMI 81

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..... dent ORDER The short issue involved in this appeal relates to waiver of penalty imposed under Section 78 of the Finance Act, 1994.    The tax liability with interest stands discharged by the appellant as confirmed in the impugned order at para-5. The learned Commissioner (Appeals) has set aside the penalty under Section 77 imposed by the adjudicating authority, however, upheld Sec .....

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..... authority that  though appellants were eligible for abatement of 75% on the gross receipt, the department miscalculated the tax liability for the month of February 2007.  Therefore, there is no suppression of facts with a malafide intention to evade payment of tax and there was no contravention of any rules.  He also submits that the show cause notice is dated 24.12.2010 whereas the .....

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..... t of tax pertaining to the month of February 2007.  The plea of bonafide of appellant merits consideration when the entire tax liability along with interest stands discharged.   Taking into overall facts and circumstances of the case, the quantum of penalty imposed under Section 78 is reduced to 25%.  The impugned order is modified to this extent.  The appeal is partly all .....

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