https://www.taxtmi.com/caselaws?id=75660 Penalty under Section 78 of the Finance Act, 1994 requires material showing suppression of taxable value or equivalent culpable conduct; where commission income was disclosed and service tax with interest was paid, that precondition was not met and the penalty could not be sustained. The discussion also notes that a reasoned exercise of discretion under Section 80 should not be disturbed by a revisionary authority absent legal error; since the original authority had applied its discretion on the facts, interference was unjustified and the original adjudication was restored. en-us Thu, 23 Jul 2009 00:00:00 +0530 Thu, 25 Apr 2013 15:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=75660 Penalty under Section 78 of the Finance Act, 1994 requires material showing suppression of taxable value or equivalent culpable conduct; where commission income was disclosed and service tax with interest was paid, that precondition was not met and the penalty could not be sustained. The discussion also notes that a reasoned exercise of discretion under Section 80 should not be disturbed by a revisionary authority absent legal error; since the original authority had applied its discretion on the facts, interference was unjustified and the original adjudication was restored. Case-Laws Service Tax Thu, 23 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=75660