https://www.taxtmi.com/caselaws?id=267713 Penalty under section 78 of the Finance Act, 1994 was held unwarranted where service tax compliance was entrusted to a consultant, payment was made for that purpose, and the consultant alone failed to deposit the tax. In the absence of material showing collusion, fraud, wilful misstatement or suppression by the assessee, the statutory protection from penalty under section 80 applied. The reduced nominal penalty under section 77 was also upheld, as the appellate authority had exercised discretion properly on the facts. Revenue's attempt to restore or enhance the penalties failed. en-us Fri, 12 Jun 2015 00:00:00 +0530 Mon, 29 Feb 2016 10:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=267713 Penalty under section 78 of the Finance Act, 1994 was held unwarranted where service tax compliance was entrusted to a consultant, payment was made for that purpose, and the consultant alone failed to deposit the tax. In the absence of material showing collusion, fraud, wilful misstatement or suppression by the assessee, the statutory protection from penalty under section 80 applied. The reduced nominal penalty under section 77 was also upheld, as the appellate authority had exercised discretion properly on the facts. Revenue's attempt to restore or enhance the penalties failed. Case-Laws Service Tax Fri, 12 Jun 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=267713