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Service Tax - Highlights / Catch Notes

Home Highlights November 2020 Year 2020 This

Levy of Penalty u/s 78 of FA - There are no positive evidence ...

Service Tax

November 19, 2020

Levy of Penalty u/s 78 of FA - There are no positive evidence has been brought on record in the entire proceedings that non-payment of tax was attributable to reasons to deliberately evade payment of tax. - Moreover, the appellant is a PSU in the instant case. The Courts have consistently held that there is a presumption that PSU would not have intention to evade payment of duty or tax. - AT

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