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2014 (2) TMI 713 - CESTAT CHENNAILevy of penalty where the appellant paid entire tax liability and interest. - relief u/s 73(3) - Held that:- When provisions similar to section 73 (3) was introduced in Central Excise Act, 1944 as section 11A (2B) in the year 2001, it was clarified that these provisions are meant for encouraging immediate realization of short payments detected by audit teams so that whoever discharges the short paid tax immediately need not get entangled in protracted litigations. Therefore, unless there is a case of active suppression, provisions of Section 73 (3) should be extended. - This is view of the Karnataka High Court also in the case of CCE & ST, LTU, Bangalore Vs ADECCO Flexione Work Force Solutions Ltd. - [2011 (9) TMI 114 - KARNATAKA HIGH COURT]. - Levy of penalty set aside.
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