https://www.taxtmi.com/caselaws?id=213749 The HC dismissed the appeals, ruling that imposition of penalty under the Finance Act, 1994 is not automatic; Sections 76 and 78 are mutually exclusive and require absence of reasonable cause, and Section 80 gives discretion to withhold penalty where reasonable cause exists. A revisional authority cannot impose a penalty for the first time where the assessing/adjudicating authority has exercised its discretion and held no penalty leviable on account of reasonable cause. The revisional orders imposing penalty were held to be without jurisdiction. en-us Thu, 21 Apr 2011 00:00:00 +0530 Fri, 22 Aug 2025 12:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=213749 The HC dismissed the appeals, ruling that imposition of penalty under the Finance Act, 1994 is not automatic; Sections 76 and 78 are mutually exclusive and require absence of reasonable cause, and Section 80 gives discretion to withhold penalty where reasonable cause exists. A revisional authority cannot impose a penalty for the first time where the assessing/adjudicating authority has exercised its discretion and held no penalty leviable on account of reasonable cause. The revisional orders imposing penalty were held to be without jurisdiction. Case-Laws Service Tax Thu, 21 Apr 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=213749