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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