TMI Blog2018 (11) TMI 1225X X X X Extracts X X X X X X X X Extracts X X X X ..... e, prior to issuance of show cause notice - the issue of show cause notice for the demand of ₹ 3,52,260/- along with interest & proposed penalty, is bad under the provisions of section 73(3) read with proviso and explanation. The provisions of section 73 are not attracted under the facts and circumstances of this case. The appeal is allowed and the impugned order is set aside so far it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2015 it is alleged that on perusal of the trial balance for the period 2010 11 and 2011 12 it was observed among others, that for the year 2010 11, appellant have received rental income of ₹ 55,25,268/-. On enquiry appellant informed that they have collected and paid service tax on the rental income of ₹ 21,05,168/- only. The balance receipt of ₹ 34,20,100/- received from I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation with assessing authority on or about 11 September 2015. Service tax was also demanded in the audit objection, on the amount received as the remuneration of the Nominee Director, sitting fee from Petronet LNG a joint venture of the appellant with other companies. The appellant had deposited the service tax admittedly along with interest on this amount also prior to the issue of show cause not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the shortage of finished product, clandestine production and admitted activity of clandestine removal by the management, and in those fact that the tax demanded was paid prior to the issue of show cause notice, it was held by the Tribunal that levy penalty was justified and in accordance with law. 5. Having considered the rival contentions, I find that such facts as in the case of PP Poly ..... X X X X Extracts X X X X X X X X Extracts X X X X
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