2018 (11) TMI 423

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..... f (a) fraud or (b) collusion or (c) wilful mis-statement or (d) suppression of facts or (e) contravention of this Chapter, the penalty is leviable. It is not in dispute that in the balance sheet published in June 2013, the respondent Company has shown the liability of the service tax payable by them and infact, the same was paid in January 2014 alongwith interest. It is not in dispute that ther .....

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..... nder Section 78 of the Finance Act, 1994, the Revenue has preferred the present Appeal. 2. We have heard learned Advocate appearing on behalf of the appellant Mr. Nirzar S. Desai. We have also considered and gone through the relevant material on record and the impugned order/s passed by the Tribunal. 3. It is required to be noted and it is not in dispute that in the balance sheet published i .....

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..... Finance Act, 1994. Therefore, the learned Tribunal has rightly quashed and set aside the penalty levied under Section 78 of the Finance Act, 1994. Hence, it cannot be said that the learned Tribunal has committed any error which calls for interference of this Court. 5. in view of the above, no substantial question of law arises in the present Appeal. The Appeal therefore, deserves to be dismiss .....

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