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2016 (3) TMI 1103 - AT - Service TaxLevy of penalty - waiver u/s 80 - service tax liability was discharged before issuance of SCN – revere charge mechanism – Held that: - As regards interest, in the absence of any contest before the lower authorities on the interest liability the same cannot be contested before the higher judicial forum. Interest liability arises and correctly discharged by the appellant. As regards penalty, appellant having discharged the entire service tax liability and the interest thereof before issuance of the show cause notice which would mean that the provisions of Section 73(3) of the Finance Act, 1994 would apply in its full force, which mandates for non-issuance of show cause notice to the assessee once the service tax liability and the interest thereof is discharged – penalty not imposed – decided partly in favor of appellant.
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