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TMI Blog2018 (1) TMI 377X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - ST/86277/17 - A/91540/17 - Dated:- 13-12-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion [2009 (13) STR 235]. The demand for the balance period was confirmed along with confirmation of interest and imposition of equivalent penalty. The ld. Advocate submits that during the relevant period law was not clear and was settled for the first time by the Hon ble Bombay High Court in favour of the assessee. The said order of Hon ble Bombay High Court was also challenged by the Revenue befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that since the appellant was under a legal obligation to discharge Service Tax liability, the penalty has to be imposed. The appellant is not contesting his legal obligation to pay the Service Tax and in fact has paid the same. The only plea is that on account of confusion in the field as also circular referred above, they entertained a bona fide belief that inasmuch as no service is being pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties were set aside by invoking the provisions of Section 80. 4. In view of the above as also by observing that there is no evidence of mala fide on the part of the assessee, I set aside the penalty imposed upon them and allow the appeal to that extent. 5. Demand of tax and interest is upheld as not contested. (Pronounced and dictated in the open court.) - - TaxTMI - TMITax - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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