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    <title>2011 (8) TMI 423 - DELHI HIGH COURT</title>
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    <description>The Delhi High Court noted that Section 76 and Section 78 of the Finance Act, 1994 operate in different fields, and held that the 2008 amendment barring simultaneous penalties under those provisions was prospective and did not apply to the period in dispute. It also found that the assessee had reasonable cause under Section 80 because the service tax short-payment arose from a bona fide computational understanding, and the differential tax with interest was paid before the show cause notice. On that basis, penalties under Sections 76 and 78 were set aside, while the underlying tax liability remained undisputed.</description>
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    <pubDate>Wed, 03 Aug 2011 00:00:00 +0530</pubDate>
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      <title>2011 (8) TMI 423 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=206578</link>
      <description>The Delhi High Court noted that Section 76 and Section 78 of the Finance Act, 1994 operate in different fields, and held that the 2008 amendment barring simultaneous penalties under those provisions was prospective and did not apply to the period in dispute. It also found that the assessee had reasonable cause under Section 80 because the service tax short-payment arose from a bona fide computational understanding, and the differential tax with interest was paid before the show cause notice. On that basis, penalties under Sections 76 and 78 were set aside, while the underlying tax liability remained undisputed.</description>
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      <pubDate>Wed, 03 Aug 2011 00:00:00 +0530</pubDate>
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