2009 (6) TMI 56

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....ar Gupta, C.A. for the respondents.                                            [Order Per P.K. Das]. - Revenue filed this appeal against the order of the Commissioner (Appeals) where....

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....y under Section 76 of the Act. The Commissioner (Appeals) set aside the penalties under Section 76 & 78 of the Act.  The Commissioner (Appeals) observed as under:- "I have examined the case records. The appellants are pleading vehemently, that there was no suppression of facts or any intent to evade payment of service tax. The appellants had been paying service tax on finance commission re....

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....lculating the tax, when the audit party visited them and pointed out the liability, which was already in their knowledge." 3. It is seen that the Tribunal in an identical issue in the case of Wings Group of Companies vs. Commr. of S.T., Bangalore, reported in 2008 (11) STR 63 (Tri.-Bang.) while deciding the stay application observed that activity of arranging loan and receiving commission would....