TMI Blog2011 (11) TMI 172X X X X Extracts X X X X X X X X Extracts X X X X ..... fies that if the assessee pays Service Tax with interest before issue of Show Cause Notice, no further proceedings will be initiated. Since the issue is covered by the Tribunal decisions and Board's circular discussed above and also since the issue is covered by provisions of Section 73(3) of Finance Act, 1994, no Show Cause Notice should have been issued and no proceedings should have been initia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nance Act, 1994. 2. Ld.Chartered Accountant on behalf of the appellant submits that in this case the appellants were paying Service Tax quite often in time and whenever there was a delay, it was paid with interest and while fairly admitting that the returns were filed late on many occasions, he submits that payment of Service Tax, interest thereof and filing returns was done voluntarily with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 73 of Finance Act, 1994 implies conclusion of entire proceedings under Finance Act, 1994. (the Act). ld.A.R. for the Revenue submits that the assessee is a frequent defaulter and being a Chartered Accountant, he is expected to follow the law properly and therefore deserves to be visited with penalty under Sections 76 and 77 of Finance Act, 1994. 3. I have considered the submissions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that this case is not covered by Section 73(3) of the Act since the proceedings have been initiated for delayed payment and non-filing returns in time under Section 68 and 70 of the Act. However, as contended by ld.Chartered Accountant, the circular issued by the Board clearly provides that there can be no proceedings under Finance Act, 1994 at all when the assessee is eligible for benefit of pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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