https://www.taxtmi.com/caselaws?id=75802 Penalty under section 78 of the Finance Act, 1994 could not be sustained without a separate finding on the assessee's plea for waiver under section 80. The lower appellate authority had applied section 80 only while deleting the penalty under section 76 and had not examined whether reasonable cause also justified waiver of the section 78 penalty. The matter therefore required fresh consideration of the distinct defence, with a reasonable opportunity of hearing to the assessee. The order was set aside to that extent and the issue was remanded for fresh adjudication on the applicability of section 80. en-us Fri, 07 Aug 2009 00:00:00 +0530 Tue, 18 Jan 2011 10:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=75802 Penalty under section 78 of the Finance Act, 1994 could not be sustained without a separate finding on the assessee's plea for waiver under section 80. The lower appellate authority had applied section 80 only while deleting the penalty under section 76 and had not examined whether reasonable cause also justified waiver of the section 78 penalty. The matter therefore required fresh consideration of the distinct defence, with a reasonable opportunity of hearing to the assessee. The order was set aside to that extent and the issue was remanded for fresh adjudication on the applicability of section 80. Case-Laws Service Tax Fri, 07 Aug 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=75802