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2018 (1) TMI 377 - AT - Service TaxPenalty u/s 78 - services of foreign commission agents - reverse charge mechanism - Held that: - Tribunal in the case of Modern Woolens vs. Commissioner of Central Excise, Jaipur-II [2016 (11) TMI 1353 - CESTAT NEW DELHI], in similar circumstances, set aside the penalty imposed upon the assessee, and held that whatever Service tax was required to be paid by the appellant, was available to them as cenvat credit. As such, the entire situation is revenue neutral, in which case, no malafide can be attributable to the appellant. There is no evidence of mala fide on the part of the assessee - penalty set aside - appeal allowed.
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