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SECTION 72 AND SECTION 73 OF CHAPTER V OF FINANCE ACT, 1994 INVOLVE COMPLETE ADJUDICATORY PROCESS

Service Tax - By: - Mr. M. GOVINDARAJAN - Dated:- 8-6-2015 - Introduction The provisions contained in Chapter V of the Finance Act, 1994 is a complete code in the matter of imposition of service tax, the duty cast upon a person providing taxable service to pay the service tax, furnishing return, determination of the liability to pay tax on the best judgment assessment and recovery of service tax not levied or not paid or short levied or short paid or erroneously refunded, interest, penalty on ac .....

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be prescribed. Limitation to issue show cause notice Section 72 of the Act provides that a person who is liable to pay service tax and who is required to file return, if he fails to the return or having filed a return, fails to assess the tax, in accordance with the provisions of Chapter V or the rules made there under, the Central Excise Officer is empowered to require such a person to produce such accounts, documents or other evidence as deemed necessary. It further provides that after taking .....

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vice tax within eighteen months from the relevant date, where any service tax has not been levied or paid or short levied or short paid or erroneously refunded, requiring to show cause why he should not pay the amount specified in the notice. The proviso to this section provides that the limitation of eighteen months may be extended to five years from the relevant date in the circumstances where any service tax has not been levied or paid or short levied or short paid or erroneously refunded by .....

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vice tax paid during the period to which the said return relates, is to be filed by an assessee, the date on which such return is so filed; where no periodical return as aforesaid is filed, the last date on which such return is to be filed under the said rules; in any other case, the date on which the service tax is to be paid under this Chapter or the rules made there under; in a case where the service tax is provisionally assessed under this Chapter or the rules made there under, the date o .....

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cer may serve subsequent to any notice or notices served under Section 73 (1) a statement, containing the details of service tax not levied or paid or short levied or short paid or erroneously refunded for the subsequent period, on the person chargeable to service tax. It further provides that then service of such statement shall be deemed to be service of notice on such person, subject to the condition that the grounds relied upon for the subsequent period are same as are mentioned in the earli .....

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he Central Excise Officer shall after considering the reply, if any, submitted by the assessee on the show cause notice issued to him under Section 73(1), determine the amount of service tax due from, or erroneously refunded to, such person not being in excess of the amount specified in the notice and thereupon such person shall pay the amount so determined. Section 73(2A) was inserted with effect from 10.05.2013. Before that if the assessee is successful before the Appellate Authority or Tribun .....

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y of the provisions of this Chapter or rules made there under with intent to evade payment of service tax has not been established against the person chargeable with the service tax, to whom the notice was issued, the Central Excise Officer shall determine the service tax payable by such person for the period of eighteen months, as if the notice was issued for the offences for which limitation of eighteen months applies under Section 73(1). Section 73(4B) provides that the Central Excise Officer .....

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or erroneously refunded, the person chargeable with the service tax, or the person to whom such tax refund has erroneously been made, may pay the amount of such service tax, chargeable or erroneously refunded - on the basis of his own ascertainment thereof; or on the basis of tax ascertained by a Central Excise Officer before service of notice on him and the details of such payment is informed to the Central Excise Officer in writing. The Central Excise Officer, on receipt of such intimation, .....

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