Penalty Imposed u/s 78: Lack of Mens Rea Not Proven Due to Non-Cooperation and Missing Records in Service Tax Case.

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....Penalty u/s 78 - absence of mens rea or not? - Had the appellant acted under bonafide belief, then they ought to have cooperated in the investigation. But it has come on record that they did not corporate with the department nor produced the record for quantification of service tax liability - demand confirmed.....