2014 (12) TMI 327

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..... profitably and accordingly they surrendered the lease after a period of about 17 months. It is evident that the appellant was somehow trying to run the sick unit which resulted in unintentional default in service tax. In view of the above, it is a fit case for invoking the provisions of Section 80 and setting aside the penalty under Section 78 of the Finance Act. Thus, the penalty under Section 7 .....

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..... of the taking over of the sick unit and the appellant involved fully to turn around, there was some lapses in making the compliance under the service tax provisions, inadvertently. Further, there is no conscious breach of law or contumacious activity regarding provisions of law on the part of the appellant. The Ld. Counsel further points out that in para 6 of the appellate order under challenge, t .....

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..... bout 17 months. It is evident that the appellant was somehow trying to run the sick unit which resulted in unintentional default in service tax. In view of the above, it is a fit case for invoking the provisions of Section 80 and setting aside the penalty under Section 78 of the Finance Act. Thus, the penalty under Section 78 is set aside. 5. Thus, the appeal is allowed in part. Stay applicatio .....

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