2011 (7) TMI 951

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..... ng VAT / Sales Tax as applicable - in view of the Commissioner’s finding regarding absence of guilty mind for warranting imposition of penalty under Section 78, invocation of extended period of limitation is not justifiable - Decided in favor of the assessee - ST/2569/2010 - 602/2011 - Dated:- 25-7-2011 - S/Shri S.S. Kang, M. Veeraiyan, JJ. REPRESENTED BY : S/Shri K.S. Ravi Shankar and ARJ .....

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..... Commissioner in Para 56 holding that the penalty under Section 78 of the Act is not imposable. He also submits that for the period prior to 16-5-2008, the applicant has received the software products from their parent company from USA and sold them in India on payment of applicable VAT / Sales Tax and also exported the products to other countries like Singapore for sale through their sub-distribut .....

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..... in view of the Commissioner s finding regarding absence of guilty mind for warranting imposition of penalty under Section 78, invocation of extended period of limitation is not justifiable. We also note that the applicant has paid the Service Tax applicable under the Information Technology services payable within the normal period of limitation. 7. In view of the above, we hold that the appli .....

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