TMI Blog2009 (6) TMI 389X X X X Extracts X X X X X X X X Extracts X X X X ..... by commission agent is restricted to commission agent dealing with agricultural products vide Notification No. 8/2004-S.T., dated 9-7-2004 and Notification No. 6/99-ST., dated 9-4- 1999 providing for exemption when the amount was received in convertible foreign exchange and not repatriated outside India was rescinded by Notification No. 21/2003, dated 20-11-2003. The submission that no notice oug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13/2003-ST., dated 20-6-2003 and Notification No. 21/03-ST., dated 20-11-03 providing for exemption if the amount received in convertible foreign exchange is not repatriated outside India. Learned consultant, therefore, submits that prima facie no penalty can be imposed and he also relies upon the provisions of Section 73(3) of the Finance Act, 1994 which provide that no notice shall be issued in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id is also not tenable prima facie for the reason that the penalty has been imposed for late filing of ST-3 returns and late payment of service tax. In these circumstances, I direct pre-deposit of a sum of Rs. 75,000/- towards penalty within a period of 4 weeks from today and on such deposit the pre-deposit of the balance penalty shall stand waived and recovery thereof stayed pending the appeal. F ..... X X X X Extracts X X X X X X X X Extracts X X X X
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