https://www.taxtmi.com/caselaws?id=30435 Penalty under Section 76 of the Finance Act, 1994 was not sustainable where the service tax had been deposited before issue of the show cause notice and the assessee's conduct was found to be bona fide. The appellate authority's factual finding of bona fides was not disputed by the Revenue, and that finding removed the basis for imposing penalty. Reliance on Section 73(4) did not warrant interference with the appellate decision. The penalty was therefore rightly set aside. en-us Tue, 05 Feb 2008 00:00:00 +0530 Wed, 08 Oct 2008 13:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=30435 Penalty under Section 76 of the Finance Act, 1994 was not sustainable where the service tax had been deposited before issue of the show cause notice and the assessee's conduct was found to be bona fide. The appellate authority's factual finding of bona fides was not disputed by the Revenue, and that finding removed the basis for imposing penalty. Reliance on Section 73(4) did not warrant interference with the appellate decision. The penalty was therefore rightly set aside. Case-Laws Service Tax Tue, 05 Feb 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=30435