TMI Blog2013 (12) TMI 616X X X X Extracts X X X X X X X X Extracts X X X X ..... that if service tax and interest are paid before issuance of show-cause notice, no proceedings are required to be initiated. This is supported by provisions under Section 73 of the Finance Act, 1994 also. Therefore, penalty under Section 76 cannot be sustained and accordingly is set aside - Decided in favour of assessee. - ST/75/2011 - Final Order No. A/1630/2012-WZB/AHD - Dated:- 2-11-2012 - S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by issue of show-cause notice dated 27-7-2007 proposing to appropriate the amount which was already paid towards services tax, interest and penalty which has culminated in the impugned order whereby penalty under the provisions of Sections 76 77 of the Finance Act, 1994 have been imposed. 3. The learned Advocate on behalf of the appellants submits that the appellants entertained the benefit t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tri.-Chennai)]. 4. On going through the records and hearing both sides, I find that in this case penalty has been imposed u/s 76 77 of the Finance Act, 1994. As submitted by the learned C.A., circular issued by the Board support the view that if service tax and interest are paid before issuance of show-cause notice, no proceedings are required to be initiated. This is supported by provisions u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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