TMI Blog2011 (9) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... he Finance Act, 1994 categorically states, after the payment of service tax and interest is made and the said information is furnished to the authorities, then the authorities shall not serve any notice under Sub-Sec.(1) in respect of the amount so paid - Therefore, authorities have no authority to initiate proceedings for recovery of penalty under Sec. 76 of the Act - The appeals are dismissed in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after the payment of service tax and interest is made and the said information is furnished to the authorities, then the authorities shall not serve any notice under Sub-Sec.(1) in respect of the amount so paid. Therefore, authorities have no authority to initiate proceedings for recovery of penalty under Sec. 76 of the Act. 3. Unfortunately the assessing authority as well as the appellate auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these tax payers, understanding the object with which this enactment is passed and also keep in mind the express provision as contained in sub-Sec. (3) of Sec. 73. The Parliament has expressly stated that against persons who have paid tax with interest, no notice shall be served. If notices are issued contrary to the said Section, the person to be punished is the person who has issued notice and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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