https://www.taxtmi.com/caselaws?id=201581 The Tribunal set aside the penalty under Section 76 and dismissed the Department's appeal in a case concerning the interpretation of conditions for availing exemption under Notification No. 1/2006-S.T. The appellant's unintentional mistake in taking Service Tax credit while claiming the exemption did not warrant penalties under Sections 76 and 78 of the Finance Act, 1994, as there was no intent to evade tax. The Tribunal invoked Section 80 due to a reasonable cause for the short payment of Service Tax, rectified promptly after the adjudication order. en-us Wed, 26 May 2010 00:00:00 +0530 Tue, 18 Jan 2011 19:02:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=201581 The Tribunal set aside the penalty under Section 76 and dismissed the Department's appeal in a case concerning the interpretation of conditions for availing exemption under Notification No. 1/2006-S.T. The appellant's unintentional mistake in taking Service Tax credit while claiming the exemption did not warrant penalties under Sections 76 and 78 of the Finance Act, 1994, as there was no intent to evade tax. The Tribunal invoked Section 80 due to a reasonable cause for the short payment of Service Tax, rectified promptly after the adjudication order. Case-Laws Service Tax Wed, 26 May 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=201581