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2019 (5) TMI 1761 - AT - Service TaxImposition of penalty u/s 78 of FA - appellant was providing services to the bank at specified rate, and further provided that the bank at its discretion will intimate the amount payable in writing - non-payment of service tax - malafide intent present or not - case of Revenue is that appellant should have taken steps for discharge of their tax obligation and should not have imagined that the bank is taking care of the service tax liability - HELD THAT:- There is no contumacious conduct or deliberate contravention of the provisions of law by the appellant, as it appears from the facts on record - In similar circumstances in the case of M/S. KHANDWALA SECURITIES LTD. VERSUS COMMISSIONER OF SERVICE TAX, MUMBAI-I [2015 (6) TMI 783 - CESTAT MUMBAI], the Tribunal has held that the penalty under Section 78 is not imposable. Penalty under Section 78 of the Finance Act is set aside - appeal allowed in part.
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