2010 (11) TMI 889

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....nbsp;  Whether the penalty under Section 76 of the Finance Act, 1994 can be dropped without invoking Section 80 of the Finance Act, 1994? (III)   Whether the Tribunal in law was entitled to come to a conclusion regarding the unawareness regarding tax liability/bona fide on the face of the fact that they had collected Service Tax, with a finding of fact on this behalf? 2. The respondent-assessee is holding Service Tax registration under the category of "Construction service". The respondent had paid due Service Tax along with interest for the period from April, 2007 to June, 2007 and October, 2007 to December, 2007 late by 25 days and 86 days respectively. In respect of the said default, a show-cause notice came to be i....

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....bmit that the controversy in issue stands concluded by the said decision in favour of the revenue. 4. Pursuant to the notice for final disposal issued by the Court, the respondent-assessee has vide communication dated 5th October, 2010, requested that the matter be adjourned for a month or one and a half months to enable him to prepare his defence and reply in consultation with his lawyer. However, despite a period of more than one month having elapsed since the date of the said communication, there is no appearance on behalf of the respondent. 5. In the circumstances, Admit. The following substantial question of law arises for determination :- "Whether the penalty under Section 76 of the Finance Act, 1994 can be reduced below ....