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Commissioner of Central Excise, Pune-II Versus Ranjit Builders

2015 (5) TMI 175 - CESTAT MUMBAI

Penalty u/s 78 - Duty paid after pointed out by Revenue - Held that:- Respondent had discharged the entire service tax liability and interest thereof as soon as it was pointed out by the departmental officers during the scrutiny of the records. In ou .....

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f any show cause notice to the respondent. - first appellate authority has used discretionary power granted by the statute under Section 80 of the Finance Act, 1994 to set aside the penalties imposed under Section 78. It is settled law that discretio .....

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correctly set aside the penalty imposed. - Decided against Revenue. - Appeal No. ST/355/2010 - Dated:- 12-3-2015 - M V Ravindran, Member (J) And P R Chandrasekharan, Member (T),JJ. For the Petitioner : Shri S V Nair, Superintendent (AR) For the Resp .....

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espite notice. On perusal of the records, we find that the appeal could be disposed of even in the absence of the respondent or its representative. Accordingly, we take up the appeal for disposal. 3. Learned DR submits that the first appellate author .....

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irst appellate authority had not considered that the appellant-assessee has produced documents and paid service tax only after the department pointed out and pursued the same. It is his submission that the penalties set aside by the first appellate a .....

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ng authority has imposed equivalent penalty under Section 78 of the Finance Act, 1994. We find that the first appellate authority has given reasonable justification for setting aside the penalty imposed under Section 78. We do not find anything erron .....

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rs during the scrutiny of the records. In our view, if an assessee has discharged service tax liability and interest thereof on being pointed out by the departmental officers; the case would fall under the provisions of Section 73(3) of the Finance A .....

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ted that the amount of service tax liability and interest thereof was paid as soon as it was pointed out by the audit of the Revenue. In our view, the provisions of Section 73(3) of the Finance Act, 1994 would squarely apply and there was no need for .....

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