2015 (9) TMI 633

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..... nue : Shri J Nair ( Authorised Representative) Per : Mr. H K Thakur; This appeal has been filed by the appellant against OIA-PJ/115/VDR-II/2013-14 dt 23.5.2013. The issue involved is regarding imposition of penalties upon the appellant under Sections 76, 77 and 78 of the Finance Act 1994 in view of the introduction of Section 80(2) of the Finance Act 1994. 2. Shri S R Dixit (Advocate) appearing .....

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..... ved that there was a dispute with respect to chargeability of service tax on 'Renting of Immovable Property' and certain retrospective amendments were carried out only in 2010. Section 80(2) reproduced below was added to Section 80 of the Finance act 1994 with effect from 6.3.2012 : "Not withstanding anything contained in the provisions of section 76 or section 77 or section 78, no penalty shall .....

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..... gh a letter dt 12.6.2008. Accordingly, it has to be held that appellant had a reasonable cause for non-payment of tax during the relevant period. For such an eventuality waiver from penalties was always available under Sec 80 of the Finance Act 1994 even before the introduction of Sec 80(2). 5. In view of the above observations, appeal filed by the appellant is allowed by setting aside the OIA dt .....

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