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2017 (11) TMI 155 - AT - Service TaxPenalty u/s 76 and 78 of FA - reverse charge mechanism - appellant is an exporter and received the services from a commission agent located outside India. In terms of Section 66A of the Finance Act, 1994, the appellant is required to pay the Service Tax under reverse charge mechanism on the services received from outside India but the appellant did not pay Service Tax thereon under reverse charge mechanism - malafide intent or not - invocation of section 80. Held that: - till the decision of Indian National Shipowners Association vs. UOI [2008 (12) TMI 41 - BOMBAY HIGH COURT], the exporters were under doubt that whether they are liable to pay Service Tax under Section 66A of the Finance Act or not under reverse charge mechanism and the same has been settled by the Hon ble High Court of Bombay in November, 2008. Admittedly, the period in dispute is upto March, 2008. The benefit of Section 80 of the Finance Act can be extended to the appellant, consequentially, no penalty imposed on the appellant - appeal allowed - decided in favor of appellant.
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