2011 (5) TMI 426

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..... n absence of any malafied intension of the appellant and no material suggesting fraud/suppression or mistreatment committed by the appellant with interest to evade the tax due, annul of penalty imposed under various sections of Finance Act, 1994, confirming the penalty imposed under section 77 of the said Act. Consequently appeal partly allowed.
Shri D.N.Panda, Shri Sahab Singh, JJ. Appearance .....

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..... e was bonafide belief of the appellant in view of the judgements of various forum holding that the Business Auxiliary Service does not encompass sale of SIM card. Therefore, no penalty is imposable by any of the provisions law and the Revision Order is sensible. 3. On the other hand, Ld. DR submits that para 11 of the Revision Order brings out the case for penalty. He supports that order. 4. He .....

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