Imposition of penalty u/s 78 without intention to evade payment of tax untenable

Advertisement Bharat Aluminium Company Limited Vs Commissioner (CESTAT Delhi) CESTAT Delhi held that imposition of penalty under section 78 of the Finance Act without elements of fraud or collusion or willful mis-statement or suppression of facts or violation of Act or Rules made thereunder with an intent to evade payment of tax is untenable in law. Facts- The appellant is registered with the Central Excise and holds the service tax registration for providing services of consulting engineers, business auxiliary, manpower recruitment or supply, goods transport agency, etc. Its records were a...