No Penalty for bonafide mistake in calculation of service tax

If there is a bonafide mistake in calculation of service tax and same is made good by the Assessee, then penalty can not be imposed U/s. 75 and 78 Bajaj Travels Ltd Vs. Commissioner of Service Tax (Delhi HC)-  The appellant submitted a detailed written reply dated 17th November, 2005. The defence was that it was paying service tax  as per its bona fide understanding that the service tax was to be paid on the commission retained by the appellant. It was pleaded that the matter of calculation was not clear to it. Therefore, it had been filing its service tax returns on the basis of the commiss...