https://www.taxtmi.com/caselaws?id=176785 Penalty under Section 78 of the Finance Act, 1994 was held unsustainable where service tax payable under reverse charge on services from overseas commission agents was paid with interest before issue of the show-cause notice. The assessee's books of account reflected the transactions in the ordinary course of business, and there was no material to show deliberate suppression, active concealment, or contumacious conduct. Penalty confirmed on assumptions and presumptions could not be sustained on these facts, and the penal action was set aside in favour of the assessee. en-us Mon, 06 Apr 2015 00:00:00 +0530 Mon, 28 Dec 2015 22:38:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=176785 Penalty under Section 78 of the Finance Act, 1994 was held unsustainable where service tax payable under reverse charge on services from overseas commission agents was paid with interest before issue of the show-cause notice. The assessee's books of account reflected the transactions in the ordinary course of business, and there was no material to show deliberate suppression, active concealment, or contumacious conduct. Penalty confirmed on assumptions and presumptions could not be sustained on these facts, and the penal action was set aside in favour of the assessee. Case-Laws Service Tax Mon, 06 Apr 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=176785