(1.) HEARD both sides and perused the records.
(2.) REVENUE filed this appeal against the order of the Commissioner (Appeals), whereby penalty imposed by the adjudicating authority was set aside under Section 80 of the Finance Act, 1994. It is seen that the respondents provided rent -a -cab service to BSNL. The respondent paid the tax during the adjudication proceedings. The Commissioner (Appeals) set aside the penalty under Section 80 of the said Act after considering the facts and circumstances of the case in proper manner. The findings of the Commissioner (Appeals) is reproduced below:
(3.) THE aforesaid findings of the Commissioner (Appeals) remind that the law is not only exercise of intellect but also it comes from heart with reasons and the power conferred under Section 80 of Finance Act, 1994 has properly been invoked in favour of the respondent. So, I do not find any reason to interfere the order of the Commissioner (Appeals). Accordingly, the appeal filed by the Revenue is rejected. Order dictated & pronounced in open court on 26.2.2008.