https://www.taxtmi.com/caselaws?id=75679 The Tribunal rejected the Revenue's appeal against the setting aside of the penalty under Section 78 of the Finance Act, 1994 by the Commissioner (Appeals). It was held that penalties under Section 78 should only apply in cases involving suppression or misstatement with an intent to evade duty, not mere procedural lapses like failure to apply for registration or pay service tax. As the Revenue failed to prove any deliberate evasion by the assessee, the appeal was dismissed, affirming the decision to annul the penalty under Section 78. en-us Tue, 28 Jul 2009 00:00:00 +0530 Wed, 05 May 2010 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=75679 The Tribunal rejected the Revenue's appeal against the setting aside of the penalty under Section 78 of the Finance Act, 1994 by the Commissioner (Appeals). It was held that penalties under Section 78 should only apply in cases involving suppression or misstatement with an intent to evade duty, not mere procedural lapses like failure to apply for registration or pay service tax. As the Revenue failed to prove any deliberate evasion by the assessee, the appeal was dismissed, affirming the decision to annul the penalty under Section 78. Case-Laws Service Tax Tue, 28 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=75679