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    <title>2008 (10) TMI 160 - CESTAT NEW DELHI</title>
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    <description>Penalty under Section 76 of the Finance Act, 1994 was held unsustainable because the delayed service tax payment arose from bona fide confusion over the taxability of renewal commission on policies issued before 16-8-2002. The assessee had sought clarification from the Board and, after receiving it, promptly paid the service tax and then the interest. On these facts, the delay was treated as a genuine interpretational difficulty rather than deliberate default, so Section 80 applied and reasonable cause was established. The penalty order was set aside.</description>
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    <pubDate>Wed, 29 Oct 2008 00:00:00 +0530</pubDate>
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      <title>2008 (10) TMI 160 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=33563</link>
      <description>Penalty under Section 76 of the Finance Act, 1994 was held unsustainable because the delayed service tax payment arose from bona fide confusion over the taxability of renewal commission on policies issued before 16-8-2002. The assessee had sought clarification from the Board and, after receiving it, promptly paid the service tax and then the interest. On these facts, the delay was treated as a genuine interpretational difficulty rather than deliberate default, so Section 80 applied and reasonable cause was established. The penalty order was set aside.</description>
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      <pubDate>Wed, 29 Oct 2008 00:00:00 +0530</pubDate>
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