2019 (12) TMI 857

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....nior Standing Counsel For Respondent: Mr. P. Saravana Sowmiyan JUDGEMENT DR. VINEET KOTHARI, J. The Revenue has filed these appeals aggrieved by the common order dated 18.09.2018 passed by the learned Tribunal, setting aside the penalties under Section 76 and 78 of the Finance Act, 1994. 2. The reasons assigned by the learned Tribunal in the impugned order for setting aside the said....

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....terialise due to different reasons. They were also expecting refund from income tax to the tune of Rs. 133 lakhs which also did not fructify during the disputed period due to certain procedural and administrative reasons. Immediately after they got the refund from the Income Tax Department the same was used to pay the service tax liability. 7.2. It can be seen from the contentions put for....

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....he above case laws, we are of the opinion that this is a fit case to invoke Section 80 since the appellant has put forward reasonable cause for the failure to discharge the service tax liability. We therefore set aside the penalties imposed under Sections 76 and 78 of the Finance Act, 1994 without interfering with the penalty imposed under Section 77 of the Act ibid. 9. The impugned order....