2010 (10) TMI 505

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..... CBEC and after obtaining the clarification, they have paid the service tax and in September, 2004 they paid the interest also - In these circumstances, respondents were under bona fide belief that whether the service tax is leviable or not on the respondents - Thus decided in the favour of the assessee - ST/787-788/2008-SM(BR) - 1174-1175/2010-SM(BR)(PB) - Dated:- 12-10-2010 - Shri Ashok J .....

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..... 2004. Later on a show cause notice was issued in 2007 imposing a penalty under section 76, 77 78 of the Finance Act. The adjudicating authority imposed the penalty, but the lower appellate authority dropped the penalty against the respondents. Against the said order the Revenue is in appeal. 2. The ld. DR submitted that the respondents have not paid the service tax in time on commission paid t .....

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..... ion paid to their agents on policy renewal of policies which were issued prior to 16-8-2002 or not. This fact is not disputed by both the sides. The Board has clarified to the respondents at their Mumbai Head Office. Thereafter they paid the service tax after obtaining the clearance from the Mumbai Head Office. In these circumstances, respondents were under bona fide belief that whether the servic .....

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