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2016 (12) TMI 846 - HC - Central ExciseImposition of penalty - invocation of section 80 - cargo handling services - Held that: - the Tribunal was justified in invoking the provisions of Section 80 of the Finance Act and setting aside the order imposing penalty. Admittedly, the contract between the respondent assessee and M/s SAIL was executed in the year 1999 and in this background, it cannot be said that the respondent assessee could not have been under a bona fide impression that since the contract was executed in the year 1999, he was not liable to pay the service tax as the liability to pay service tax was fastened for the first time by insertion of the relevant provision in the Finance Act in the year 2002. The Tribunal also believed the case of the respondent assessee that the assessee was under a bona fide impression that since he was rendering the services to the public sector undertakings, the question of taxability may not arise - invocation of section 80 justified - appeal dismissed - decided in favor of respondent-assessee.
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