TMI Blog2013 (12) TMI 789X X X X Extracts X X X X X X X X Extracts X X X X ..... ortly be occurred have not been discussed and considered. Further, I also find that according to provisions of Section 73(3) of Finance Act, 1994, even if the amount was ascertained by audit party, if the assessee pays the amount before issue of show cause notice, unless suppression/fraud/collusion to evade duty has been found no show cause notice could have been issued. After going through the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... immediately paid the amount with interest in January 2008 itself. Thereafter proceedings were initiated which has culminated in imposition of penalty under Sections 76 78 of Finance Act, 1994 equal to service tax liability determined. 2. Heard both the sides. 3. Learned counsel submitted that there was no detailed discussion about the nature of suppression of facts by both the lower authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 73(3) of Finance Act, 1994 which provides that whenever an assessee pays the service tax and interest awaiting by himself or by the officers before the issue of show cause notice, no show cause notice shall be issued and therefore in this case show cause notice itself should not have been issued leave alone imposition of penalty. 4. Learned A.R. would submit that appellants have not been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that both the lower authorities have not given enough justification for invoking suppression in this case. In view of the above circumstances, I feel that in this case there was no need for issue of show cause notice and initiating proceedings against the appellant. Therefore the appeal is allowed with consequential relief to the appellant. (Dictated pronounced in Court) - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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