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2016 (1) TMI 347 - HC - Service TaxLevy of penalty u/s 76 and 77 - tribunal deleted the penalty u/s 80 - The question therefore, to be decided in such case is whether the assessee established such reason for failure. - Held that:- When the department found that the assessee had received certain payments against which tax was not paid, the assessee contended that it was under bona fide belief that the amount received prior to insertion of explanation to section 67 would not invite tax. Under the insistence of departmental authority, they nevertheless, paid the entire tax along with interest on 4.1.2006, upon which a show cause notice was issued for imposition of penalty. When the entire issue was debatable, the decision of the Tribunal to delete the penalty was perfectly justified - Decided against the revenue.
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