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2017 (1) TMI 1026 - AT - Service TaxCENVAT credit - services received from the foreign company - whether the appellant are entitled to the credit of the duty paid by them? - Held that: - in such Revenue neutral situation there cannot be any intention to evade duty. Further Revenue neutrality is to be established on the basis of a fact of data. It is possible that there may be some exemption available to the appellant on account of which some part of the duty paid may not be available as credit. I find no such data has been submitted to establish it was a revenue neutral situation. However, looking at the facts of the case, I am inclined to invoke Section 80 and waive the penalty imposed under Section 78 of the Finance Act - appeal disposed off - decided partly in favor of appellant.
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