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Service Tax - Highlights / Catch Notes

Home Highlights August 2018 Year 2018 This

Penalty u/s 78 - reverse charge mechanism - revenue neutrality - ...


Section 78 Penalty Contested: Revenue-Neutral Situation Leads to No Malafide Intent, No Penalty Imposed on Assessee.

August 6, 2018

Case Laws     Service Tax     AT

Penalty u/s 78 - reverse charge mechanism - revenue neutrality - assessee could have gained nothing since the entire amount could have been available to them as CENVAT credit. Since the entire exercise is revenue neutral, no mala fide can be attributed to them - No penalty.

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