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2017 (5) TMI 569 - AT - Service TaxPenalty - VCES Scheme - non-payment of interest amount - appellant claims that they paid advance service tax under VCES and some extra amount to cover amount of interest - Revenue pointed out that the entire money was paid under the one head so it cannot be accounted as interest in Revenue’s account - Held that: - Though the liability of interest has not so far been quantified by the Revenue, the appellant deposited service tax as well as some excess amount in service tax head as mentioned by the Revenue - When the appellant is a Govt. corporation, who paid entire tax demand (through may be some interest still remains payable as it was not quantified by the Revenue), before issue of SCN and where ‘intention to evade payment of tax’ cannot be alleged, then in the light of provisions of Section 73(3) and Section 80 of FA, 1994, no penalty is liable to be imposed on the assessee appellant - penalties set aside - appeal allowed - decided in favor of appellant.
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