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TMI Blog2010 (9) TMI 399X X X X Extracts X X X X X X X X Extracts X X X X ..... king provision of Section 80 of the Finance Act, 1994 - assessee appellant has paid the entire tax amount and interest thereon even though they have not collected the tax amount from the individuals/students trained by them - penalty provisions under Sections 76 and 78 need not be applied in the case of the assessee – Appeal filed by assessee allowed - ST/92 & 483/2009 - 985-986/2010 - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en the tax ability was pointed out to the appellants, they have paid the tax amount as well as interest thereon. The original authority has imposed penalty under Section 76 equal to the tax amount of Rs.82, 586/- but he has dropped the penalty proceedings under Section 78 of the Finance Act, 1994. On appeal, the lower appellate authority has dropped the penalty imposed under Section 76 leading to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not aware of the tax liability on account of their using the brand name of the franchisee owner is a reasonable ground for invoking provision of Section 80 of the Finance Act, 1994. I also take note of the fact that the assessee appellant has paid the entire tax amount and interest thereon even though they have not collected the tax amount from the individuals/students trained by them. According ..... X X X X Extracts X X X X X X X X Extracts X X X X
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