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2017 (4) TMI 853 - CESTAT MUMBAI

2017 (4) TMI 853 - CESTAT MUMBAI - TMI - Invocation of section 73(4) of FA, 1994 - Levy of penalty - case of appellant is that the provisions of section 73(3) of FA, 1994 is squarely applicable to them, that with the insertion of Explanation 2 therein, the imposition of penalty is not warranted, that w.e.f. 10th May 2008 penalties u/s 76 and section 78 were mutually exclusive, and that section 80 of FA, 1994 should have been invoked - Held that: - the adjudicating authority has failed to record .....

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in favor of assessee. - ST/649/2012 - A/86307/17/STB - Dated:- 9-11-2016 - Shri M V Ravindran, Member (Judicial) And Shri C J Mathew, Member (Technical) Ms Manasi Patil, Advocate for the appellant Shri A B Kulgod, Assistant Commissioner (AR) for the respondent Per: C J Mathew: M/s Orbit Corporation Ltd is in appeal against order-in-original no. 01/ST/SB/2012-13 dated 7th August 2012 of Commissioner of Service Tax (TAR), Mumbai which has confirmed tax liability of ₹ 79,48,761/- interest th .....

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issue of notice dated 17th March 2011 leading to the impugned order. Placing reliance on the alleged suppression with intent to evade tax, the impugned order has invoked the exclusion provisions of section 73(4) of Finance Act, 1994 that precludes the option not to issue a show cause notice for demand and imposition of penalty. 3. It is the contention of appellant that the provisions of section 73(3) of Finance Act, 1994 is squarely applicable to them, that with the insertion of Explanation 2 t .....

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sed Representative that the appellant had not disclosed to the department tax liability and it is a clear case of suppression of facts with intent to evade payment of tax and extended period of limitation and penal provisions under Finance Act, 1994 would be invoked. The appellant had disclosed the tax liability during investigation and voluntarily paid the tax with interest and therefore, in our view, the penalty imposed under Section 78 of the Act is sufficient. and to the observations of the .....

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