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2008 (1) TMI 161 - CESTAT, NEW DELHICommissioner (Appeals) held that assessee paid the Service Tax through their Service Tax credit account and had done nothing to evade Service Tax – comm.. (A) further observed that it is a technical fault which is due to ambiguity in the law (due to shifting of burden of payment of Service Tax on respondent instead of goods transporter operator) - no infirmity in the impugned order whereby penalty is set aside – revenue’s appeal is dismissed
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