Service Tax: No penalty in absence of allegation of fraud, mis-representation, etc.

IVRCL Assets and Holdings Ltd. Vs Commissioner of Customs, Central Excise and Service Tax (CESTAT Hyderabad) In order to attract Section 78, it is necessary that tax must have remained unpaid for the reasons of fraud or collusion or wilful mis-statement or suppression of facts, etc, with an intention to evade payment of tax. We have perused the Order-in-Original passed by the Assessing Authority and we find that there is no such finding against the assessee of it being guilty of wilfully not paying tax by reason of any of the clauses provided in clauses (a) to (e) of Section 78(1) of the Act. ...