https://www.taxtmi.com/caselaws?id=259270 Penalty under Section 78 of the Finance Act, 1994 was not waived under Section 80 because service tax and interest were paid only after departmental action had begun, not as a voluntary discharge. The assessee had collected service tax from clients, failed to remit it, and filed nil returns despite taxable receipts, which was treated as deliberate suppression rather than bona fide belief. The decision also applied the principle that penalty under Section 78 operates in comparable circumstances to penalty under Section 11AC of the Central Excise Act, 1944, leaving the penalty sustained. en-us Tue, 17 Mar 2015 00:00:00 +0530 Mon, 28 Aug 2017 15:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=259270 Penalty under Section 78 of the Finance Act, 1994 was not waived under Section 80 because service tax and interest were paid only after departmental action had begun, not as a voluntary discharge. The assessee had collected service tax from clients, failed to remit it, and filed nil returns despite taxable receipts, which was treated as deliberate suppression rather than bona fide belief. The decision also applied the principle that penalty under Section 78 operates in comparable circumstances to penalty under Section 11AC of the Central Excise Act, 1944, leaving the penalty sustained. Case-Laws Service Tax Tue, 17 Mar 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=259270