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2011 (11) TMI 172 - AT - Service TaxWaiver of penalty imposed under Section 76 & 78 Finance Act, 1994 - default in payment of service tax in time – service tax paid with interest - few returns also filed after due date – Held that:- Board circular no. CBE&C circular No.137/167/2006-CX.4, dt.3.10.07, clarifies that if the assessee pays Service Tax with interest before issue of Show Cause Notice, no further proceedings will be initiated. Since the issue is covered by the Tribunal decisions and Board's circular discussed above and also since the issue is covered by provisions of Section 73(3) of Finance Act, 1994, no Show Cause Notice should have been issued and no proceedings should have been initiated. Therefore, the impugned order is set aside and the appeal is allowed with consequential relief.
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