https://www.taxtmi.com/caselaws?id=378039 Penalty under Section 78 of the Finance Act, 1994 is not sustainable unless non-payment or short levy is attributable to fraud, collusion, wilful misstatement, suppression of facts, or similar contravention. Where service tax dues and interest were paid and the record showed delayed payment and delayed return filing without such incriminating ingredients, Section 78 could not be invoked. The Tribunal distinguished this stricter penalty from the general consequence for delayed payment and set aside the Section 78 penalty in favour of the assessee. en-us Thu, 28 Feb 2019 00:00:00 +0530 Mon, 08 Apr 2019 09:29:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=378039 Penalty under Section 78 of the Finance Act, 1994 is not sustainable unless non-payment or short levy is attributable to fraud, collusion, wilful misstatement, suppression of facts, or similar contravention. Where service tax dues and interest were paid and the record showed delayed payment and delayed return filing without such incriminating ingredients, Section 78 could not be invoked. The Tribunal distinguished this stricter penalty from the general consequence for delayed payment and set aside the Section 78 penalty in favour of the assessee. Case-Laws Service Tax Thu, 28 Feb 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=378039