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2015 (11) TMI 976 - AT - Service TaxClaim of refund of penalty deposited earlier - Benefit of Section 73(3) for non levy of penalty - Failure to file ST-3 returns - Held that:- Section provides that where true and complete details are available in the specified records which are admitted in the fact herein. Further, as required the assessee has deposited the amount of Service Tax in full as accepted by him, which is the same amount as determined vide the Order-in-Original and further admittedly the appellant have paid the interest under Section 75 as well as penalty equal to 1% of tax for each month for the period during the default was there and have also deposited penalty/late fee for delay in filing the returns. Further, it is found that no further tax is found to be recoverable from the respondent assessee. Accordingly, I find that the appellant is entitled to the benefit both under Section 73(3) as held by the learned Commissioner (Appeals) as well as also benefit under Section 73(4A) available in the provisions of the Finance Act, 1994 - respondent assessee will be entitled to refund of the penalty already deposited with interest as per rules - Decided in favour of assessee.
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