2017 (1) TMI 432

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..... case of Indian National Shipowners Association - appellant could have entertained a bonafide belief that Service Tax liability may not arise. This is a fit case for invoking the provisions of Section 80 of the Finance Act, 1994 for setting aside the penalty imposed - penalty set aside - appeal allowed - decided in favor of appellant. - ST/311/11-Mum - A/94538/16/STB - Dated:- 30-11-2016 - Mr. .....

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..... 5. It is undisputed that the appellant received services in respect of Business Promotion Marketing from a service provider, from abroad and made payment to them. The said payment made by the appellant are liable to Service Tax under Reverse Charge Mechanism under the category of Business Auxiliary Services . Both lower authorities have confirmed the demand raised with interest and imposed .....

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..... m was being disputed at higher judicial fora and finally settled by the judgment of Hon'ble High Court of Bombay in the case of Indian National Shipowners Association. In view of this, we find that appellant could have entertained a bonafide belief that Service Tax liability may not arise. In our view, this is a fit case for invoking the provisions of Section 80 of the Finance Act, 19 .....

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