TMI Blog2008 (3) TMI 695X X X X Extracts X X X X X X X X Extracts X X X X ..... Name of the party Impugned Order No. Date Penalty 1. ST/279/2007 M/s.Tidewater Shipping Private Ltd. Vs. CST, Bangalore RA No. 62/2007 dated 29.05.2007 ₹ 100/- for everyday u/s 76 ₹ 7,12,000/- u/s 78 2. ST/249/2007 Mr. Madhusudan Balaji Vs. CST, Bangalore RA No. 41/2007 dated 23.03.2007 ₹ 100/- for everyday u/s 76 ₹ 5,00,000/- u/s 78 3. ST/290/2007 M/s. JBC ImpexVs. CST, Bangalore RA No. 44/2007 dated 27.03.2007 ₹ 100/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Even though, the Service Tax along with interest was paid even before the issue of Show Cause Notice, in all these case, Revenue proceeded against them by way of issue of Show Cause Notice. In respect of cases in Sl Nos. 1, 2 and 3, the lower authorities took a view that as the appellants have discharged the duty liability much before the issue of the Show Cause Notice, there was no need to impose any penalty. Therefore, using the discretion under section 80 of the Finance Act, the lower authorities did not proceed to impose any penalties on them. On reviewing the orders passed by the Original Authority in respect of Sl. Nos. 1, 2 3, the Revisionary Authority, viz. the Commissioner, proceeded against the appellants and imposed pena ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re the issue of Show Cause Notice as given in detail in the above tabular column. This bench has held in large number of cases that if duty is paid before the issue of Show Cause Notice, no penalty and interest can be levied. In the present case it is seen that even the interest which is due from the appellants has been paid. Our attention was also invited to Section 73 (3) of the Finance Act and also a Boards Circular based on that. The Circular and also the Section 73(3) provides that if the assessee cleared the Service Tax due along with interest on his own and even on the insistence of the departmental authority, then no penalty proceedings can be taken against them. In other words, all the proceedings against the appellants will be de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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