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    <description>Penalty for non-filing of service tax returns was unjustified where the assessee acted under a bona fide belief about liability, promptly sought clarification from the jurisdictional authority after service tax was newly imposed on share brokers, obtained registration, and waited for the reply before filing returns. The conduct was treated as bona fide caution rather than wilful default, especially since the department was aware that the assessee was awaiting guidance before complying. On that basis, the penalty was not sustainable and consequential relief followed.</description>
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      <description>Penalty for non-filing of service tax returns was unjustified where the assessee acted under a bona fide belief about liability, promptly sought clarification from the jurisdictional authority after service tax was newly imposed on share brokers, obtained registration, and waited for the reply before filing returns. The conduct was treated as bona fide caution rather than wilful default, especially since the department was aware that the assessee was awaiting guidance before complying. On that basis, the penalty was not sustainable and consequential relief followed.</description>
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