https://www.taxtmi.com/caselaws?id=75580 Penalty under section 76 is not warranted where non-payment of service tax arose from a bona fide belief that no liability existed and there was no wilful intent to evade tax. The assessee, a cooperative society of ex-servicemen, relied on the prevailing view and advice that only a commercial concern was liable during the relevant period. The record showed no deliberate suppression or evasion, and the discretionary setting aside of penalties was upheld as free from infirmity. en-us Wed, 06 May 2009 00:00:00 +0530 Mon, 26 Apr 2010 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=75580 Penalty under section 76 is not warranted where non-payment of service tax arose from a bona fide belief that no liability existed and there was no wilful intent to evade tax. The assessee, a cooperative society of ex-servicemen, relied on the prevailing view and advice that only a commercial concern was liable during the relevant period. The record showed no deliberate suppression or evasion, and the discretionary setting aside of penalties was upheld as free from infirmity. Case-Laws Service Tax Wed, 06 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=75580