2006 (12) TMI 450

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.... P.G. CHACKO (Judicial Member).-After examining the records and hearing both sides, I am of the view that the appeal itself requires to be finally disposed of at this stage. Accordingly, after dispensing with pre-deposit, I take up the appeal. During the period of dispute (May 25, 2004 to June 5, 2005), the appellants were rendering taxable services to their clients but not paying tax thereon....

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....Hence this appeal. It appears from the records and submissions that the appellants are claiming the benefit of sections 80 of the Finance Act, 1994, which reads as under: "80. Penalty not to be imposed in certain cases.-Notwithstanding anything contained in the provisions of section 76, section 77, section 78 or section 79, no penalty shall be imposable on the assessee for any failure referr....

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....he Finance Act, 1994 and, accordingly, the benefit of section 80 of the Act was given to them. Reliance is also placed on the Tribunal's decision in Catalyst Capital Services Pvt.Ltd.v.Commissioner of Central Excise, Mumbai-IV [2005] 184 ELT 34 (Tri-Mumbai), wherein the delayed payment of service tax by an assessee was held to be without mala fide intention and, accordingly, penalty under sect....