https://www.taxtmi.com/caselaws?id=246874 The High Court held that Section 80 of the Finance Act, 1994 can be invoked even when the proviso to Section 73(1) is applied, allowing the assessee to establish reasonable cause for failure despite penalties under Section 78. The court emphasized the non-obstante clause in Section 80 must be given effect. The Commissioner's revisional power under Section 84 was found unwarranted as the adjudicating authority correctly applied Section 80, deleting the penalty based on the assessee's reasonable cause. The appeal was decided in favor of the assessee, with no costs awarded. en-us Tue, 01 Apr 2014 00:00:00 +0530 Thu, 16 Jul 2015 14:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=246874 The High Court held that Section 80 of the Finance Act, 1994 can be invoked even when the proviso to Section 73(1) is applied, allowing the assessee to establish reasonable cause for failure despite penalties under Section 78. The court emphasized the non-obstante clause in Section 80 must be given effect. The Commissioner's revisional power under Section 84 was found unwarranted as the adjudicating authority correctly applied Section 80, deleting the penalty based on the assessee's reasonable cause. The appeal was decided in favor of the assessee, with no costs awarded. Case-Laws Service Tax Tue, 01 Apr 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=246874