2007 (3) TMI 164

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..... impossibility of service tax as soon as it clear the payment has been made with interest - waiver of penalty allowed
[Order per] - Revenue came in appeal against waiver of penalty imposed under Section 76 and Section 77 of Finance Act, 1994 to the tune of Rs. 78,090/- and Rs. 12,000/- respectively. 2. Ld. DR submitted that like all other assessee, Respondent should be equally dealt under the .....

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..... y and discharge the same duly. As soon as he was guided by sound principle of law and Department's Public relation announcements, came forward to discharge tax liability without delay and filed returns also for different period making known of his facts to the Department. Although the Respondent had cooperated to Revenue, co-operative attitude and for the findings of the lower Appellate Authority .....

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..... ments to the effect that if service tax with interest was paid within 30th November, 2004, no penalty was leviable, guided the Respondent. Usually promise by the Department, act as promissory estoppel and levy of penalty would be deterrent. 5. It should be appreciated that Section 80 of the Finance Act, 1994, exonerates penalty, if there is reasonable cause. The Larger Bench's decision cited by t .....

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