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    <title>2008 (11) TMI 131 - CESTAT NEW DELHI</title>
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    <description>Penalty under sections 77 and 78 of the Finance Act, 1994 was held not sustainable where service tax on GTA services was paid with interest after the levy dispute had been settled by the Supreme Court. The prolonged litigation over the tax liability, coupled with prompt payment after the legal position was finally settled, was treated as a sufficient basis to decline penal action. The appellate view that the facts did not justify penalties was found to be reasonable, and the Tribunal saw no ground to interfere with that conclusion.</description>
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      <link>https://www.taxtmi.com/caselaws?id=33050</link>
      <description>Penalty under sections 77 and 78 of the Finance Act, 1994 was held not sustainable where service tax on GTA services was paid with interest after the levy dispute had been settled by the Supreme Court. The prolonged litigation over the tax liability, coupled with prompt payment after the legal position was finally settled, was treated as a sufficient basis to decline penal action. The appellate view that the facts did not justify penalties was found to be reasonable, and the Tribunal saw no ground to interfere with that conclusion.</description>
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