https://www.taxtmi.com/caselaws?id=203618 Penalties under Sections 76, 77 and 78 of the Finance Act, 1994 were held unsustainable where service tax on Goods Transport Agency service had been paid through Cenvat credit and the legal position remained debatable. Conflicting Tribunal decisions existed on the permissibility of such payment, and the issue was also stated to be pending before a Larger Bench. In that context, the assessee's conduct could not be treated as mala fide and reasonable cause existed against penal action. The prior setting aside of the Section 78 penalty for one demand also supported deletion of the remaining penalties, which were set aside. en-us Thu, 25 Nov 2010 00:00:00 +0530 Mon, 30 Jun 2014 11:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=203618 Penalties under Sections 76, 77 and 78 of the Finance Act, 1994 were held unsustainable where service tax on Goods Transport Agency service had been paid through Cenvat credit and the legal position remained debatable. Conflicting Tribunal decisions existed on the permissibility of such payment, and the issue was also stated to be pending before a Larger Bench. In that context, the assessee's conduct could not be treated as mala fide and reasonable cause existed against penal action. The prior setting aside of the Section 78 penalty for one demand also supported deletion of the remaining penalties, which were set aside. Case-Laws Service Tax Thu, 25 Nov 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=203618