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2017 (2) TMI 1045 - AT - Service TaxImposition of penalty u/s 78 - Banking & Financial Services received from the overseas service provider - tax was paid on being pointed out, appellant was under bonafide belief that tax was not required to be paid - Held that: - the circumstances which tilts in favor of the Appellant is that there has been continuous litigation/disputes on the liability to discharge service tax liability on receipt of the services from overseas service provider - this is a fit case for invoking Section 80 of the FA, 1994 - penalty set aside - appeal allowed - decided in favor of appellant.
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