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2017 (8) TMI 1003 - AT - Service TaxPenalties u/s 76 and 78 - appellant had received External Commercial Borrowings (ECB) during 2006-07 for their Windmill Project in India - reverse charge mechanism - payment of duty with interest on being pointed out - Held that: - The levy of service tax on reverse charge mechanism during the period in question had been an area of dispute between the Revenue and the assesse, and it became clear only after the decision of the Hon’ble Bombay High Court in the case of Indian national Ship Owners Association Vs. UOI [2008 (12) TMI 41 - BOMBAY HIGH COURT] - delay in payment of service tax cannot be attributed to the mala fide intention of the Appellant, but due to the delay of response of the ICICI Bank - penalty set aside by invoking section 80 - appeal allowed - decided in favor of appellant.
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