TMI Blog2008 (7) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... SCN along with interest - in terms of section 80, no penalty is imposable in such cases – in view of decision of tribunal in the case of Majestic Mobikes (P.) Ltd., imposition of penalties in the Review Order and OIO is set aside – appeal by assessee is allowed - ST/427 OF 2007 - 785 OF 2008 - Dated:- 8-7-2008 - DR. S.L. PEERAN, JUDICIAL MEMBER Pradyumna G.H. for the Appellant. Ms. Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this confusion itself as a reasonable cause on the part of the assessee in his failure to pay the service tax on time. Added to this, the assessee had paid the service tax with interest much prior to the issue of the show-cause notice. Thus, I take recourse in section 80 of the Finance Act, 1994 and intend to waive the imposition of penalties under section 76, 77 or 78 ibid." 2. The Revisionar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceedings which has not been noticed by this Bench while setting aside the penalty. The High Court of Karnataka in another matter in the case of CCE v. Sunitha Shetty 2004 (174) ELT 313/ [2006] 4 STT 360 held that the Commissioner was not justified in reviewing the order passed by the Deputy Commissioner, as he had exercised his discretion under section 80 of the Finance Act. The High Court o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Original Authority, set aside the revision order imposing penalty. He submitted that the issue is covered in his favour and seeks for restoring the Order-in-Original. 4. The learned SDR defends the impugned order passed by the Commissioner imposing penalty and submits that there was no reasonable cause available for the Assistant Commissioner to set aside the penalty. She again relie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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