9911796707
TMI Blog2011 (2) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... fit case for invoking provisions of section 80 of Finance Act, 1994, which provides that if a reasonable cause is shown, penalties under sections 77 and 78 of Finance Act, 1994 can be waived - Decided in favour of the assessee X X X X Extracts X X X X X X X X Extracts X X X X ..... s that the appellant had a reasonable belief that the Service Tax paid by them was correct. On an enquiry from the Bench, he fairly agrees that this plea was not raised either before the original adjudicating authority or before the appellate authority and raised in the appeal memorandum filed before the Tribunal. He also agrees fairly that the application for producing additional evidence should have been made by them and he submits that he would not like to press the point since the appellant is not interested in continuing the litigation. He submits that the appellant has paid the service Tax along with interest. As soon as the appellant came to know that the value shown in Profit & Loss Account and value shown in ST-3 return was differe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er hand, submits that on finding discrepancy between Profit & Loss Account and ST-3 return, a letter was written by the department to the appellant calling for documents. He submits that the Profit & Loss Account and balance sheet was called for to obtain authenticated copy of balance sheet and Profit & Loss Account. He submits that the appellant deliberately suppressed the value of Service Tax with intention to evade Service Tax and therefore, the penalty has been rightly imposed. Further, he submits that the submission relating to reimbursement cannot be taken into account in the absence of an order by the Tribunal allowing submission of additional evidence. 5. I have considered the submissions made by both sides. The very fact that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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