TMI Blog2009 (6) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... 2008 -TMI - 30244 - SUPREME COURT, in which it was hold that during the period prior to 2003, section 73 applied only in case of assessee who came under the provision of section 71A, like the assessee herein, was not bought under the net of section 73 prior to 203, held that- the demand of interest and penalty imposed on the assessee is not sustainable. Uphold the impugned order and reject the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eriod in view of the pendency in the Apex Court of the decision in the case of Laghu Udyog Bharati v. Union of India [2006] 4 STT 322 on similar issue - after the Apex Court's decision, the Government validated certain action by introduction of section 117 of the Finance Act, 2000 and consequent to the validation, show-cause notice was issued to cover service tax unpaid and the notice was adjudica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who came under the provisions of section 71A, like the assessees herein, was not brought under the net of section 73 prior to 2003. The Apex Court set aside the show-cause notice issued to the assessee under the provisions of section 73 of the Finance Act as not maintainable. Following the ratio of the above decision which is applicable to the present case as the notice in this case also invoked ..... X X X X Extracts X X X X X X X X Extracts X X X X
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