TMI Blog2018 (12) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... ai -[2008 (2) TMI 367 - MADRAS HIGH COURT], it was held that where an amendment has been introduced to clarify the intention of a notification, the said amendment shall be retrospective in nature. The appellant’s case deserves waiver of penalty imposed under Section 77 & 78 of the Finance Act, 1994 in view of Section 73(3) of the Finance Act, 1994 - appeal allowed - decided in favor of penalty. - Appeal No. ST/76237/2018 - FO/76610/2018 - Dated:- 29-8-2018 - Shri P.K. Choudhary, Member (Judicial) Shri Ravi Raghavan, Advocate Shri Harsh Shukla, CA for the Appellant (s) Shri S. Mukhopahdyay, Suptd.(AR) for the Respondent (s) ORDER Per Shri P.K. Choudhary Briefly stated the facts of the case are that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged service tax alongwith interest much before the issuance of the show cause notice by the department and the facts of payment has been acknowledged in the show cause notice itself and accordingly the proceedings should have been completed on payment of tax amount alongwith interest under provision of Section 73(3) of the Finance Act, 1994. He strongly argued that when the amount stood paid alongwith interest much before the issuance of the show cause notice, no proceedings could have been initiated. In support of his submission he relied upon the decision of the Tribunal in the case of C.Ramachandran vs. Commissioner of Service Tax, Chennai [2016(46) STR 866]. 3. Ld. DR reiterates the orders of the lower authorities. 4. Heard both s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der sub-section (1) in respect of the amount so paid : .... ..... ..... ..... I also find that an explanation was inserted to Section 73(3) of the Finance Act, 1994 which is reproduced below : Explanation 2. - For the removal of doubts, it is hereby declared that no penalty under any of the provisions of this Act or the rules made thereunder shall be imposed in respect of payment of service tax under this sub-section and interest thereon. 6. In the case of Tamil Nadu Small Inds. Corporation Limited v. Commissioner of Central Excise Chennai - 2009 (234) E.L.T. 413 , it was held that where an amendment has been introduced to clarify the intention of a notification, the said amendment shall be retrospective in nat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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