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2019 (5) TMI 269 - HC - Service TaxImposition of penalty - reversal of CENVAT Credit with interest on being pointed out before issuance of Demand notice - Section 73(3) of the Finance Act, 1994 - HELD THAT:- Section 73(3) of the Finance Act, 1994, provides that where a party pays its tax and the interest thereon before the issue of show cause notice, then there is no occasion for the Revenue to issue a show cause-cum-demand notice can arise. However, by virtue of Section 73(4) of the Finance Act, 1994, which begins with the non- obstance clause clearly provides that Section 73(3) of the Finance Act,1994 would not be applicable to an assessee where there has been suppression/ mis-declaration etc. with an intention to evade tax. In the present facts, the show cause notice as well as the orders of the authorities under the Act have on facts held that there was suppression of facts on the part of the Appellant to evade payment of tax - the issuing of show cause-cum-demand notice and imposition of penalty is justified and in accordance with the clear mandate of the law. Appeal dismissed - decided against appellant.
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