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2017 (8) TMI 399 - AT - Service TaxPenalty - fees paid for arranging/obtaining ECG loans - payment of tax with interest on being pointed out - Held that: - the appellant has paid the service tax demand along with interest prior to issuance of the show cause notice and also find that there is no sufficient allegations in the show cause notice for suppression of facts with intent to evade payment of service tax. It is an admitted fact that the very issue of taxability in respect of commission paid to foreign banks had been in confusion, which was laid to rest only after the judgment of the Hon’ble High Court of Bombay in the case of Indian National Shipowners Association on 11.12.2008 [2008 (12) TMI 41 - BOMBAY HIGH COURT]. There has been sufficient cause for the appellant in his failure to discharge tax liability and as such the beneficent provisions of section 80 could be very well invoked in this case so as to waive the penalties imposed under section 76 and 78 of the Finance Act - apeal allowed - decided in favor of appellant.
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