Section 80 – No penalty if no evidence adduced to contend that the respondents deliberately failed to pay service tax

With regard to imposition of penalty under Section 75A, 76, 77 and 78 of the Act, the appellants argue that non payment of service tax on the Business Auxiliary Service due to the bonafide belief that the taxable event is existing only in the business transaction between IHFCL and the borrowers and the service rendered by them to IHFCL is secondary in nature. They are not aware of the fact that the service of loan processor rendered by them to IHFCL and the service of sanctioning of loan rendered by IHFCL to borrowers are two separate taxable services. As such the appellants have not also rais...