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TMI Blog2017 (8) TMI 465X X X X Extracts X X X X X X X X Extracts X X X X ..... e is a gain/loss to the revenue or to the assesee. In the present case, the appellants have made out a fit case for waiver of penalty, as no suppression of fact is coming out from the overall circumstances available in the case. We, therefore, set aside the penalty imposed under Section 78, remaining part of the order is upheld. Appeal allowed - decided partly in favor of appellant. - Appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant. The present appeal is only for waiver of penalty under Section 78 of the Finance Act, 1994 imposed by the original authority. 2. Shri A.D. Kambli, learned Advocate appearing on behalf of the appellant submits that the appellant did not have any intention to evade service tax on GTA. He submits that the service tax along with interest was paid before issuance of show-cause notice. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its that the Commissioner in the impugned order, for imposing the penalty cited by the Bombay High Court judgement in the case of Padmashri V.V Patil SSK Ltd. 2007 (215) ELT 23(Bom) wherein there was a clear suppression of fact on the part of the assesee, which is not the case here as in the present case there is a clear case of revenue neutrality. Therefore, the judgement cited by the Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issions made by both the sides. We find that the present issue lies in a narrow compass, i.e. whether the penalty under Section 78 of the Finance Act, is imposable in the facts and circumstances of the present case. We find that the demand is pertaining to the normal period of one year. The appellants have discharged the service tax in entirety along with interest before issuance of the show-cause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s per the fact appearing in the present case, the appellants have made out a fit case for waiver of penalty, as no suppression of fact is coming out from the overall circumstances available in the case. We, therefore, set aside the penalty imposed under Section 78, remaining part of the order is upheld. The appeal is partly allowed in above terms. 5. Since the matter is listed for regular heari ..... X X X X Extracts X X X X X X X X Extracts X X X X
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