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    <title>2009 (8) TMI 88 - CESTAT AHMEDABAD</title>
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    <description>Penalties under Sections 76 and 78 of the Finance Act, 1994 were held unsustainable where service tax on warranty-related free services had been paid and the assessees had not collected tax initially under a bona fide belief that no tax was payable. The issue involved genuine doubt on taxability, later clarified by the Board through Circular No. 87/05/2006-ST dated 06.11.2006, so Section 80 was treated as applicable for penalty waiver. Relief was granted and the penalties were set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=34740</link>
      <description>Penalties under Sections 76 and 78 of the Finance Act, 1994 were held unsustainable where service tax on warranty-related free services had been paid and the assessees had not collected tax initially under a bona fide belief that no tax was payable. The issue involved genuine doubt on taxability, later clarified by the Board through Circular No. 87/05/2006-ST dated 06.11.2006, so Section 80 was treated as applicable for penalty waiver. Relief was granted and the penalties were set aside.</description>
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