TMI Blog2014 (8) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... tention that Show Cause Notice should be served to the assessee, who pays the Service Tax and interest before service of notice - penalty imposed on the appellant cannot be sustained and is required to be set aside - Decided in favour of assessee. - ST/278/2012 - Final Order No. A/1469/2012-WZB/AHD - Dated:- 28-9-2012 - Shri B.S.V. Murthy, Member (T) Shri Abhay Desai, Advocate, for the App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions of Section 73(3) of Finance Act, 1994, which provides that if the amount demanded is paid with interest before service of notice on him, no further action will be taken. In view of the above, he submits that penalty under Section 76 imposed on the appellant may be set aside. Since the issue involved is only penalty, he submits that the matter may be finally decided. Since the issue involved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant has fulfilled the requirements of provisions of Section 73(3) of Finance Act, 1994. 6. As regards submissions of ld. AR, I reproduce Para 9.1 of Master Circular No. 97/8/2007-S.T., dated 23-8-2007 relied upon by ld. AR and also reproduces the Para 12.1 of the same circular. 9.1 Delay in payment of service tax, including a part thereof, attracts simple interest in terms of section 75 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or quick settlement of disputes, this section prescribes that (i) in other cases involving fraud, collusions, wilful misstatement and suppression of facts etc., the dispute could be settled by making payment of the service tax amount specified in the notice along with interest and penalty equal to 25% of service tax amount, within thirty days of issue of show cause notice; (ii) and in any other ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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