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    <title>2018 (5) TMI 921 - CESTAT HYDERABAD</title>
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    <description>Penalty under the Finance Act, 1994 was set aside for both the storage and warehousing service tax dispute and the excess CENVAT credit utilisation issue because the tax, differential credit, and interest had been paid before adjudication. The tribunal treated the first dispute as arising from a bona fide belief about the tax character of demurrage charges and found penalty relief justified. It treated the second as a procedural infraction without evidence of intention to evade tax, so equivalent penalty was not sustainable. On both issues, the penalty orders were annulled in favour of the assessee.</description>
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      <title>2018 (5) TMI 921 - CESTAT HYDERABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=360357</link>
      <description>Penalty under the Finance Act, 1994 was set aside for both the storage and warehousing service tax dispute and the excess CENVAT credit utilisation issue because the tax, differential credit, and interest had been paid before adjudication. The tribunal treated the first dispute as arising from a bona fide belief about the tax character of demurrage charges and found penalty relief justified. It treated the second as a procedural infraction without evidence of intention to evade tax, so equivalent penalty was not sustainable. On both issues, the penalty orders were annulled in favour of the assessee.</description>
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      <pubDate>Wed, 18 Apr 2018 00:00:00 +0530</pubDate>
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