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Service Tax - Started By: - MANASH MUKHERJEE - Dated:- 6-4-2015 Last Replied Date:- 8-4-2015 - Dear Sir, A show cause notice was issued to an assessee on the ground that they have violated the provisions of Sec.68,69,70 of FA,1994. Demand was issued on that ground. Subsequently the case adjudicated and demand confirmed under Section 73 and penalty imposed under 78 of the said act.My question is that how can a demand be confirmed on the sections which have not been mentioned in the SCN. - Reply B .....

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on under which penalty cannot be imposed. But in my experience as Departmental Officer and a consultant the Appellate Authorities will not treat this a fatal to adjudicate the show cause notice. Since the relevant sections had been indicated in the order you will have an opportunity to defend you before the Appellate Authorities. Since you will pursue the matter in appeal, in my opinion you are put to any disadvantage - Reply By Ramanujam Varadarajan - The Reply = Sec.68,69, and 70 refers about .....

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