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    <title>2018 (8) TMI 2028 - CESTAT KOLKATA</title>
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    <description>The Tribunal held that subcontractors are liable to pay service tax regardless of whether the main contractor has paid, as clarified by a specific Circular. The Tribunal emphasized the importance of this Circular over earlier ones cited by the appellant. The extended period of limitation for tax payment was not invoked due to the absence of intent to evade tax. The imposition of penalty under Section 78 was deemed unsustainable as there was no intent to evade tax. The appeal was partly allowed, with the demand for service tax and penalty under Section 78 set aside for the extended period of limitation.</description>
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    <pubDate>Fri, 10 Aug 2018 00:00:00 +0530</pubDate>
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      <title>2018 (8) TMI 2028 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=294847</link>
      <description>The Tribunal held that subcontractors are liable to pay service tax regardless of whether the main contractor has paid, as clarified by a specific Circular. The Tribunal emphasized the importance of this Circular over earlier ones cited by the appellant. The extended period of limitation for tax payment was not invoked due to the absence of intent to evade tax. The imposition of penalty under Section 78 was deemed unsustainable as there was no intent to evade tax. The appeal was partly allowed, with the demand for service tax and penalty under Section 78 set aside for the extended period of limitation.</description>
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      <pubDate>Fri, 10 Aug 2018 00:00:00 +0530</pubDate>
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