https://www.taxtmi.com/caselaws?id=338922 Penalties under Sections 76, 77 and 78 were found unwarranted where the assessee had substantially discharged service tax and interest before the show cause notice and acted under a bona fide belief about the taxability of GTA services without consignment note. The underlying tax demand and interest were not disturbed, but the penalty exposure was removed in view of the pre-notice payment, the interpretational uncertainty in the field, and the absence of a basis to sustain concurrent penal consequences. The article also notes that penalties under Sections 76 and 78 could not be simultaneously sustained on the facts recorded. en-us Wed, 11 Jan 2017 00:00:00 +0530 Mon, 13 Feb 2017 17:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=338922 Penalties under Sections 76, 77 and 78 were found unwarranted where the assessee had substantially discharged service tax and interest before the show cause notice and acted under a bona fide belief about the taxability of GTA services without consignment note. The underlying tax demand and interest were not disturbed, but the penalty exposure was removed in view of the pre-notice payment, the interpretational uncertainty in the field, and the absence of a basis to sustain concurrent penal consequences. The article also notes that penalties under Sections 76 and 78 could not be simultaneously sustained on the facts recorded. Case-Laws Service Tax Wed, 11 Jan 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=338922