TMI Blog2008 (2) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... no penalty shall be leviable in terms of Section 76, 77, 78 or Section 79 - appellate authority having admitted that there was no mala fide on the part of the appellant, should have set aside the entire amount of penalty in stead of reducing the same. - ST/40/07 - A/338/2008-WZB/AHD - Dated:- 19-2-2008 - Mrs. Archana Wadhwa, Member (Judicial) Shri Mukesh C. Dhruve, Advocate for the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice tax on the same. 2. While dealing with the above submission of the above appellant, Commissioner (Appeals) held as under:- "6. As regards the imposition of penalty of Rs.70,000/- under Section 76 for late payment of service tax amounting to Rs.4.62 lacs approx. Against this fact, the appellant has contended that the delay is occurred due to unawareness of service tax law as being a new ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1994. However, considering the quantum of service tax involved and the penalty imposed, I take lenient view and reduce the penalty from Rs.70,000/- to Rs.21,000/- imposed under Section 76 of the Finance Act, 1994." 3. As is clear from the above, the appellate authority has accepted the appellant's submission that there was no mala fide intention on their part to delay payment of the serv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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