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2016 (7) TMI 637 - AT - Service TaxLevy of penalty u/s 77 & 78 of the Finance Act, 1994 - validity of invocation of Section 80 by learned Commissioner (Appeals) for setting aside penalties while confirming the demand of service tax on import of services under reverse charge - Held that:- It is only with introduction of Section 66A of the Finance Act, 1994 there was clarity and the judicial decisions as stated supra brought in clarity only from 2009 onwards. It cannot therefore be stated that there was a malafide intention on the Respondents part. The contention of the respondent that there was no malafide as it is a revenue-neutral situation should not be lost sight of. This is a case where the tax paid by the Respondent is eligible for credit for themselves. It is, therefore, very clear that when the situation is revenue-neutral, the aspect of malafide fails. - No penalty - Decided against the revenue.
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