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2015 (8) TMI 107 - AT - Service TaxPenalty u/s 76 & 78 - Waiver of penalty u/s 80 - GTA Services - service tax on royalty - Revenue neutrality - Held tat:- it may not be possible for the appellant to claim revenue-neutrality in this case since the final products manufactured by the appellants are exempt and even though there is liability to pay service tax on GTA services as a receiver of services, after 01.04.2008, for outward transportation there is no such liability. Imposition of penalty under both the Sections 76 & 78 of Finance Act 1994 is not proper and there are decisions taking a view that even prior to the amendment providing for no imposition of penalty under Section 76 of Finance Act when penalty has been imposed under Section 78, penalty under both the Sections need not be imposed. Therefore penalty under Section 76 in my opinion can be waived in this case - However, penalty u/s 78 is reduced - Decided partly in favour of assessee.
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