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2017 (3) TMI 658 - AT - Service TaxPenalty - non payment of tax - Banking Finance and other Financial Services - mobilization of capital - service charges - reverse charge mechanism - Held that: - The allegation in the notice for imposing penalty u/s 78 did not bring out any evidence for invoking charge of fraud, willful misstatement etc. on the part of the appellant. The only reason quoted is that but for detection by the officers, the non-payment would have escaped notice. We note this assertion by himself will not support the ground for the charge of suppression, fraud, collusion etc. Further, we note that the full service tax liability along with interest has been discharged well before the issue of SCN. In normal course, the matter should have been closed without even SCN - penalty set aside - appeal allowed - decided in favor of appellant.
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