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2019 (3) TMI 1230 - AT - Service TaxPenalty u/s 78 of FA - tax with interest paid before issuance of SCN - Sub-section (3) of Section 73 of Finance Act, 1994 - Held that:- Since, the appellant had reversed the Cenvat credit before the issuance of the show cause notice along with payment of interest, we are of the view that the revenue should not have even issued the show cause notice in terms of provisions of Sub-section (3) of Section 73 of Finance Act, 1994 - Accordingly, while upholding the reversal of Cenvat credit along with interest, we set aside the penalty imposed to the extent of ₹ 2,12,309/- - appeal allowed in part.
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