2008 (7) TMI 327

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..... nagement and Majestic Mobikes Pvt. Ltd. - Assistant Commissioner is justified in imposing lesser penalty under Section 78 of the Finance Act and not imposing any penalty under Sections 76 and 77 –appeal of assessee against revision order of commissioner is allowed - ST/416/2007 - 965/2008 - Dated:- 25-7-2008 - Dr. S.L. Peeran, Member (J) and Shri T.K. Jayaraman, Member (T) Shri M.S. Sriniv .....

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..... . He has held that there was no mala fide intention on the part of the assessee in paying the tax. The Service Tax was paid before the issue of Show Cause Notice along with interest. Therefore, taking into consideration all the factors, he imposed a lesser penalty of Rs. 15,000/- under Section 78 of the Finance Act. He refrained from imposing any penalty under Sections 76 and 77 of the Finance Act .....

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..... he First Flight Couriers Limited as reported in 2007 (8) S.T.R. 225 (Kar.) = 2007-TIOL-500-HC-KAR-ST would apply wherein the Hon'ble High Court had set aside the Tribunal's order and restored the Revisionary Order imposing penalty in similar circumstances. The learned Counsel distinguishes the judgment of First Flight Couriers and submits that in that case, there was no factual circumstances to .....

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