TMI Blog2017 (7) TMI 295X X X X Extracts X X X X X X X X Extracts X X X X ..... ther proceedings are not to be initiated whenever the tax liability alongwith interest thereon has been discharged before crystallisation of the demand. Admittedly, the appellant has not discharged the interest liability. Consequently, recourse to section 73 of Finance Act, 1994 cannot be faulted - The failure to report the receipt of the services from overseas entities is apparent in the ST-3 ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce, this amount was confirmed in order-in-original, along with interest thereon, and penalty under section 78 of Finance Act, 1994 was imposed. On appeal to the first appellate authority, Commissioner of Central Excise, Pune - I, vide order-in-appeal no.PI/RKS/77-78/2012 dated 27 th March 2012, upheld the demand of service tax alongwith interest but proceeded to enhance the penalty to an amount e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e decision of the Tribunal in Reliance Industries Ltd v. Commissioner of Central Excise, Rajkot [2013 (292) ELT 378 (Tri-Ahmd)] and Jain Irrigation Systems Ltd v. Commissioner of Central Excise, Nashik [2015 (40) STR 752 (Tri-Ahmd)] to support the plea of revenue neutrality. Learned Authorised Representative, on the other hand, relied upon the decision of the Tribunal in Commissioner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess provision, there is no requirement to consider the equity principle pleaded by the appellant. It is very clear from the provisions of section 73 (3) of Finance Act, 1994 that further proceedings are not to be initiated whenever the tax liability alongwith interest thereon has been discharged before crystallisation of the demand. Admittedly, the appellant has not discharged the interest liabili ..... X X X X Extracts X X X X X X X X Extracts X X X X
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