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2018 (3) TMI 1109

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..... rule giving a deeming fiction to the trading activity as exempted service. Therefore the issue was not free from doubt. Despite this, the appellant paid the amount - there is no mala fide intention on the part of the appellant for invoking the provisions of Section 11AC - penalty setaside - appeal allowed - decided in favor of appellant. - APPEAL No. E/86972/16 - ORDER No. A/85287/2018 - Dated:- .....

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..... well as in the present appeal, their prayer is only to waive the penalty imposed under Section 11AC. 3. None appeared on behalf of the appellant. Shri D.S. Chavan, learned Superintendent (AR) appearing on behalf of the Revenue, reiterates the findings of the impugned order. He submits that there is a suppression of fact on the part of the appellant. They have contravened the provisions of Rule .....

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